AB v CD: QBD 3 Jan 2014

The parties were contracted to each other in respect of an internet based marketing system for metals and other resources. The claimant had contracted in effect to promote the system. The claimant sought an injunction to prevent termination of services pending arbitration. The court now gave its reasons for refusing the injunction.

Stuart-Smith J
[2014] EWHC 1 (QB)
Arbitration Act 1996 44
England and Wales
CitedAmerican Cyanamid Co v Ethicon Ltd HL 5-Feb-1975
Interim Injunctions in Patents Cases
The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of . .
CitedEvans Marshall and Co Ltd v Bertola SA CA 1973
Lord Justice Sachs considered whether damages were an adequate remedy for the refusal of an injunction, and said: ‘The standard question in relation to the grant of an injunction, Are damages an adequate remedy?’ might perhaps, in the light of the . .
CitedParker v Schuller CA 1901
The plaintiffs had obtained leave to serve a writ out of the jurisdiction under Order 11, r 1(e) of the RSC on the ground that the claim was for breach of a contract within the jurisdiction. The breach alleged was of a CIF contract, and the . .
CitedMetall und Rohstoff AG v Donaldson Luftkin and Jenrette Inc CA 1991
. .
CitedComninos v Prudential Assurance Company Ltd (The Ikarian Reefer no 2) CA 12-Oct-1999
Mr Comninos challenged the jurisdiction of the court to have made an order for costs made against him. . .
CitedED and F Man Sugar Ltd v Lendoudis ComC 10-Oct-2007
. .

Cited by:
Appeal fromAB v CD CA 6-Mar-2014
The court was asked a point of principle about the proper approach to the grant of an interim injunction. It is trite law that such an injunction will not be granted if damages would be an adequate remedy for the wrong, if proved: indeed the same . .

Lists of cited by and citing cases may be incomplete.

Arbitration, Litigation Practice

Updated: 28 November 2021; Ref: scu.519432