The defendants had sold a business and included a non-compete covenant. The claimants sought to enforce it against them. It was said that they had approached insurers with a view to commencing business supplying jewelry. The defendants said their intent had been to supply wholesale only. Other allegations were made, and an injunction was sought.
Held: ‘there is sufficient material on which I can properly conclude that there is a serious issue between these parties to be tried. The principal reason for that conclusion is the weight of that evidence.’ There was a serious issue, and the balance of convenience lay in granting the injunction.
Judges:
Peter Coulson QC J
Citations:
[2005] EWHC 758 (QB)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Mothercare v Robson Books 1975
When the court has to decide whether there is a serious issue between the parties for the purposes of granting an injunction, what the court had to do was to consider the prospects of success and consider whether they existed either in substance or . .
Cited – Nottingham Building Society v Eurodynamics Systems plc 1993
The court laid down tests for the granting of mandatory interim injunctions. The court should consider whether there was a high degree of confidence that the applicant would succeed in establishing his right at trial. The higher that confidence, the . .
Cited – American 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 . .
Cited – Flightwise Travel Services Ltd and Another v Gill and Others ChD 27-Nov-2003
Those applying for international asset freezing orders should bear in mind the following points: An asset freezing order (other than a proprietary order) was a serious interference with a person’s rights, and was usually granted without notice. . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 30 June 2022; Ref: scu.224951
