Return to site
Injunctions: Cause of action or "right to institute proceedings"?
Injunctions: Cause of action or "right to institute proceedings"?
EWCA says right to institute is enough.
EWCA says right to institute is enough.
The England and Wales Court of Appeal has held that it is sufficient to have a right to institute proceedings as opposed to a cause of action in the strict sense to obtain an injunction. The court gave defendants permission to serve a contribution notice against a fellow defendant and a freezing order in support even though the contribution notice only claimed contingently against the fellow defendant if the applicants were liable on trial: Kazakhstan Kagazy PLC & Ors v Zhunus & Ors [2016] FICR 30
Read the full head note here.
