Quinlan v Edgeworth Capital (Luxenbourg) SARL [2019] EWHC 1124 (Ch) (11 April 2019)

Quinlan v Edgeworth Capital (Luxenbourg) SARL [2019] EWHC 1124 (Ch) (11 April 2019)

There is a serious issue to be tried regarding breach of covenant, but the applicant would not suffer irreparable harm that could not be compensated by damages if the injunction is refused. The bankruptcy court can determine all relevant issues, and there is no real advantage in restraining service of the petition. The balance of convenience does not favour granting the injunction.

Citation
[2019] EWHC 1124 (Ch)
Parties
Claimant/applicant: Derek Quinlan; Defendant/respondent: Edgeworth Capital (Luxembourg) S.A.R.L.
Jurisdiction
England and Wales
Judgment Date
11 April 2019
Procedural Posture
Interim Injunction Application in Bankruptcy Proceedings / Return Date Hearing on Interim Injunction
Outcome
Interim injunction refused
Legal Topics
Bankruptcy Petition, Interim Injunction, Breach of Covenant, Case Management
Insolvency Contract Bankruptcy Petition Interim Injunction Breach of Covenant Case Management

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Parties

Derek Quinlan

Claimant/applicant

Edgeworth Capital (Luxembourg) S.A.R.L.

Defendant/respondent

Procedural Posture

Interim Injunction Application in Bankruptcy Proceedings / Return Date Hearing on Interim Injunction

Legal Issues

  1. 1 Whether an interim injunction should restrain service of a bankruptcy petition allegedly presented in breach of covenant
  2. 2 Whether the applicant would suffer irreparable harm if the injunction is refused
  3. 3 Whether the issues regarding breach of covenant should be determined in separate proceedings or within the bankruptcy petition

Ratio Decidendi

There is a serious issue to be tried regarding breach of covenant, but the applicant would not suffer irreparable harm that could not be compensated by damages if the injunction is refused. The bankruptcy court can determine all relevant issues, and there is no real advantage in restraining service of the petition. The balance of convenience does not favour granting the injunction.

Court Disposition

Interim injunction refused

Orders

  • Application for interim injunction restraining service of bankruptcy petition is dismissed