Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

Titan Wealth Holdings Ltd & Ors v Okunola

England and Wales Court of Appeal (Civil Division)
Feb 20, 2026
Smart Summary (Beta)

Factual and Procedural Background

Company A (the Appellant) comprises four claimants, including two corporate members of the Titan Wealth Group ("Company A") and two employees of Company A. Company A was represented by Company B (a law firm). Company A brought proceedings against the Defendant for breach of contract, breach of confidence and harassment under the Protection from Harassment Act 1997. The Defendant had earlier been engaged by Company A as a consultant and briefly employed by Company A. The Defendant brought unsuccessful employment claims against Company A and thereafter sent hundreds of abusive communications to numerous recipients, including Company B and its staff.

An interim pre-action injunction restraining harassment of the employees was granted in April 2024. A suspended prison sentence for breach of that injunction was imposed in June 2024 and later activated in February 2025. Company A applied in September 2024 for a further injunction prohibiting the Defendant from publishing abusive communications to or about Company B and persons acting for them (the further injunction application). The trial judge (Judge Hill) heard the further injunction application concurrently with Company A's substantive trial, dismissed the further injunction application for want of a sound jurisdictional basis, and gave a substantive trial judgment. Company A appeals on the single ground that the judge was wrong to conclude she lacked jurisdiction to grant the further injunction; Company A also seeks, in amended form, a narrower injunction framed in the language of the Malicious Communications Act 1988.

Legal Issues Presented

  1. Whether the trial judge was correct to dismiss the claimants' application on the ground that there was no "sound jurisdictional basis" to grant an injunction restraining the Defendant from abusing the claimants' legal team where that conduct interfered with the conduct of proceedings.
  2. Whether the court has power (including inherent common law jurisdiction) to grant such an injunction in the absence of a cause of action and, if so, under what principles.
  3. The relevance of the law of contempt to the availability of injunctive relief of this kind.
  4. How the right to freedom of expression under Article 10 and section 12 of the Human Rights Act 1998 should be taken into account when considering such injunctive relief.
  5. The scope and effect of the immunity from defamation and other proceedings attaching to statements made in the course of litigation on this type of injunction.
  6. The appropriate procedural route (e.g. CPR Part 23 vs originating proceedings) for seeking such relief and the impact of that choice.
  7. How the court should exercise its discretion when considering such an injunction (including whether relief should be tailored, whether third parties have alternative remedies, and whether relief should be interim or final).

Arguments of the Parties

Appellant's Arguments (Company A)

  • The cause of action rule no longer prevents equitable injunctive relief of this kind; the court has an inherent jurisdiction to protect its process and grant the injunction in the interests of justice (relying on Convoy Collateral and Wolverhampton).
  • The immunity for statements made in litigation does not prevent injunctive protection against "irrelevant and gratuitous libels" and the court can check improper conduct to protect proceedings (relying on Iqbal and Munster v. Lamb).
  • Some of the Defendant's communications amounted to mere vulgar abuse falling outside Article 10 protection and therefore Article 10 should not bar the injunction (relying on Casserly).
  • Proposed a four-stage test for injunctive applications: (i) material risk of interference with the course of justice, (ii) seriousness justifying intervention, (iii) whether relief would address the interference, (iv) balancing seriousness against countervailing interests and necessity in the interests of justice.

Advocate's Arguments (Supporting Company A)

  • The inherent jurisdiction is available but (i) it is engaged only where the conduct could found a criminal contempt if repeated, and (ii) Article 10 and immunity do not preclude injunctions to restrain threatened contempt.
  • Proposed a three-stage threshold test: (i) could the conduct found a contempt if repeated, (ii) is there a substantial risk of repetition, (iii) is it just and convenient to grant relief.
  • Suggested non-exhaustive discretionary factors: severity, workability, utility, strategic use, alternative means, and contextual factors (including defendant's mental health).
  • Contended that the injunction now sought on appeal should not be granted because there were no ongoing proceedings to protect and the conduct had not recurred since the Defendant's release from prison.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Siskina (Owners of cargo lately laden on board) v. Distos Cia Naviera SA [1979] AC 210 The "cause of action" rule for equitable injunctions. Referenced as part of the historical rule which the court held had been departed from in Convoy Collateral.
Convoy Collateral Ltd v. Broad Idea International Ltd [2023] AC 389 Departure from The Siskina and the cause of action rule in relation to equitable injunctions. Held to have eroded the cause of action rule; the judge had erred in thinking The Siskina survived Convoy Collateral.
Wolverhampton County Council v. London Gypsies and Travellers [2023] UKSC 47, [2024] AC 983 Confirmation that the grant of injunctive relief is not always conditional on the existence of a cause of action. Relied upon to support the inherent jurisdiction to grant injunctions protecting court process.
PMC v. Cwm Taf Morgannwg University Health Board [2025] EWCA Civ 1126, [2025] 3 WLR 887 Use of inherent common law power to protect integrity of proceedings (anonymity and reporting restriction orders). Applied to affirm the court's inherent common law power to protect its process and justify an injunction in principle.
Abbasi v. Newcastle upon Tyne Hospitals NHS Foundation Trust [2025] UKSC 15, [2025] 2 WLR 815 Inherent jurisdiction and parens patriae powers; structured approach to Convention rights. Used to explain interaction between common law powers and Convention rights and to inform the structured approach to Article 10 analysis.
Rex v. Casserly [2024] EWCA Crim 25, [2024] 1 WLR 2760 Scope of Article 10; some forms of self-expression (vulgar abuse) fall outside protection. Applied to suggest certain abusive communications may be outside Article 10 protection.
Connelly v. Director of Public Prosecutions [1964] AC 1254 Inherent powers necessary for a court to enforce practice and suppress abuses of process. Quoted to support the proposition that courts possess inherent powers to protect their process.
Rex v. Jordan [2024] EWCA Crim 229, [2024] 4 WLR 30 Threshold of gravity for criminal contempt: "serious interference with the administration of justice". Used to define the seriousness threshold relevant to contempt and related injunctive relief.
Director of the Serious Fraud Office v O'Brien [2014] AC 1246 Criminal contempt described as serious interference with the administration of justice. Cited in relation to the threshold for contempt.
Attorney General v Crosland (No 1) [2021] UKSC 15, [2021] 4 WLR 103 Principles concerning contempt and interference with administration of justice. Referenced in defining "serious" interference and contempt principles.
Attorney General v English [1983] AC 116 Application of statutory test for contempt by publication (substantial risk test). Used to illustrate statutory threshold for contempt by publication.
R v Central Independent Television plc [1994] Fam 192 Common law protection for freedom of speech. Referenced when discussing domestic protection of expression alongside Article 10.
Redmond-Bate v Director of Public Prosecutions [2000] HRLR 249 Statements about the value of freedom of expression (even offensive speech). Quoted to explain the breadth of Article 10 protection.
R (Calver) v The Adjudication Panel for Wales [2012] EWHC 1172; [2013] PTSR 378 Freedom of expression includes offensive or disturbing speech. Used alongside Redmond-Bate to explain protections under Article 10.
Jerusalem v Austria (2003) 37 EHRR 567 Strasbourg jurisprudence on freedom of expression. Referenced regarding the scope of Article 10 protection.
Attorney General v Times Newspapers Ltd [1974] AC 273 Limits of freedom of speech where there is prejudice to administration of justice. Quoted for the proposition that free speech is limited by real prejudice to administration of justice.
In re Abortion Services (Safe Access Zones) (Northern Ireland) Bill [2022] UKSC 32; [2023] AC 505 Categories for assessing interference with Convention rights. Cited in the context of proportionality and contempt in the face of the court.
Munster v. Lamb (1883) 11 QBD 588 Courts' power to check improper conduct and protect process. Invoked to support the proposition courts can check improper conduct affecting proceedings.
Smeaton v. Butcher [2000] EMLR 985 Test for absolute privilege in affidavits/statements: reference to subject-matter of proceedings. Applied in discussion of immunity for litigation communications.
Lincoln v. Daniels [1962] QB 237 Scope of absolute privilege coram judice. Referred to in explaining absolute privilege for matters before the court.
Arthur JS Hall & Co v. Simons [2002] 1 AC 615 Policy reasons for civil immunity to encourage free expression in court. Used to explain rationale for immunity from suit for participants in proceedings.
Roy v. Prior [1971] AC 470 Support for civil immunity for participation in court proceedings. Referenced to support the public interest in immunity.
Taylor v. Director of the Serious Fraud Office [1999] 2 AC 177 Exclusion of immunity for irrelevant and gratuitous libels. Used to note that some communications fall outside immunity.
WFZ v. BBC [2023] EWHC 1618 (KB) Criminal standard of proof for contempt allegations. Referenced regarding the standard applicable if contempt were alleged.
Cuadrilla Bowland Ltd v. Persons Unknown [2020] EWCA Civ 9 Requirement that relief be tailored and not wider than necessary. Applied to emphasize tailoring of injunctive relief and protection of litigation rights.
Smith v. Backhouse [2023] EWCA Civ 874, [2024] 1 WLR 794 Principles on tailoring injunctions and discretion. Relied on for the requirement that relief be no wider than necessary.
Linemile Properties Limited v. Plater [2023] EWHC 810, [2023] PNLR 22 Serious threats justifying injunctions (illustrative comparison). Distinguished as involving more serious threats than in the present case.

Court's Reasoning and Analysis

The court began by identifying the single central issue: whether the trial judge correctly concluded she lacked jurisdiction to grant an injunction restraining the Defendant's abusive communications to Company B that interfered with proceedings. The court held that the trial judge erred in treating the cause of action rule (The Siskina) as still limiting the grant of equitable relief after Convoy Collateral and Wolverhampton. The court concluded the High Court has an inherent common law jurisdiction to protect the integrity of its process and proceedings in the interests of justice and that this power can, in theory, be exercised whether or not criminal contempt is alleged.

The court analysed the role of contempt: where conduct reaches the threshold of a criminal contempt (a "serious interference with the administration of justice" or a "substantial risk" under the Contempt of Court Act 1981), Article 10 and the litigation immunity would not bar relief; but the court could not itself find contempt on the existing record because contempt had not been alleged, the Defendant had not had an opportunity to answer such a case, and the necessary evidential analysis had not been conducted.

Where contempt is not established, the court must consider Article 10 and section 12 and the immunity from suit for statements made in the course of litigation. The court explained the structured Article 10 approach from Abbasi (interference, legitimate aim, necessity/striking a fair balance) and noted that some communications (pure vulgar abuse) may fall outside Article 10 protection (Casserly). The court summarised the Iqbal/Warby J authorities on immunity, applying the Smeaton test that communications are privileged unless they have "no reference at all" to the subject matter, while noting exclusions (per Iqbal 2) for extraneous and gratuitous libels and that immunity does not apply to contempt or perjury.

The court addressed procedure: applications under CPR Part 23 can be used to seek such injunctive relief, but the court must be careful whether the relief sought is interim or final and be aware that relief under the court's inherent jurisdiction normally protects the proceedings themselves and should not ordinarily outlast them. Section 12(3) is engaged where interim relief might affect Article 10 rights unless the applicant is likely to establish that publication should not be allowed (or the interference is a contempt proved to the criminal standard).

On discretion, even accepting the jurisdictional threshold was met, the court identified four reasons why the trial judge should not have granted the broad injunction Company A sought: (i) the injunction was too broad and overbroad relative to protecting the proceedings, (ii) absence of a detailed examination of the defendant's communications made assessment of contempt, Article 10 and immunity difficult, (iii) Company B had an alternative statutory remedy under the PfHA and could have brought its own proceedings, and (iv) the proceedings were near conclusion and other, less intrusive measures might have sufficed. The court emphasised that any injunction must be tailored, necessary, and proportionate.

Holding and Implications

APPEAL DISMISSED.

Holding: The court held that Judge Hill was incorrect to conclude she lacked jurisdiction to grant an injunction; the court affirmed that the High Court has an inherent common law power to protect the integrity of its process and proceedings in the interests of justice and that such power can, in theory, be exercised whether or not contempt is alleged. Nevertheless, the court exercised its supervisory review to dismiss the appeal because, as a matter of discretion, no injunction (including the amended narrower form sought on appeal) should be granted.

Implications: The decision clarifies that (i) the cause of action rule no longer bars the grant of equitable injunctive relief in all cases, (ii) the inherent common law jurisdiction permits injunctions to protect court process but such relief must be tailored and necessary, (iii) where misconduct would amount to contempt, Article 10 and litigation immunity are unlikely to bar relief, and (iv) where contempt is not alleged the court must carefully assess Article 10, section 12 and the immunity applicable to litigation communications. The direct effect is that Company A's further injunction application (as amended) is refused and no new injunction is granted; no new precedent beyond the stated principles was created concerning the exercise of discretion in individual cases.