SportsDirect.com Retail Limited v Newcastle United Football Club Limited & Anor

SportsDirect.com Retail Limited v Newcastle United Football Club Limited & Anor

Although the Tribunal erred in finding no serious case to be tried by disregarding contested facts, the balance of convenience and inadequacy of damages for Newcastle United justified refusal of interim relief. The Tribunal's decision to refuse the injunction was correct and should not be disturbed.

Parties
Claimant/appellant: SportsDirect.com Retail Limited; Defendant/respondent: Newcastle United Football Club Limited; Defendant/respondent: Newcastle United Limited
Jurisdiction
England and Wales
Judgment Date
26 November 2024
Procedural Posture
Civil Appeal / Expedited Application for Permission to Appeal From Refusal of Interim Injunction
Outcome
Appeal dismissed; permission to appeal granted
Legal Topics
Abuse of Dominant Position, Interim Injunctions, Anti Competitive Arrangements, Adequacy of Damages, Balance of Convenience
Competition Law Commercial Law Abuse of Dominant Position Interim Injunctions Anti Competitive Arrangements Adequacy of Damages Balance of Convenience

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Parties

SportsDirect.com Retail Limited

Claimant/appellant

Newcastle United Football Club Limited

Defendant/respondent

Newcastle United Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Expedited Application for Permission to Appeal From Refusal of Interim Injunction

Legal Issues

  1. 1 Whether the Tribunal erred in refusing a mandatory interim injunction requiring Newcastle United to supply replica kit to Sports Direct
  2. 2 Whether Sports Direct established a serious case to be tried for abuse of dominant position and anti-competitive arrangements
  3. 3 Whether damages would be an adequate remedy for either party

Ratio Decidendi

Although the Tribunal erred in finding no serious case to be tried by disregarding contested facts, the balance of convenience and inadequacy of damages for Newcastle United justified refusal of interim relief. The Tribunal's decision to refuse the injunction was correct and should not be disturbed.

Court Disposition

Appeal dismissed; permission to appeal granted

Orders

  • Permission to appeal granted to Sports Direct
  • Appeal dismissed; interim injunction refused