DNANudge Ltd v Jabil Inc [2023] EWHC 1255 (Ch) (25 May 2023)

DNANudge Ltd v Jabil Inc [2023] EWHC 1255 (Ch) (25 May 2023)

The balance of convenience favours the defendant, as granting the interim mandatory injunction would deprive Jabil of its contractual security, and the claimant is insolvent and unable to provide adequate security or cross-undertaking in damages. There is no immediate business need demonstrated by DNANudge, and damages would not be an adequate remedy for either party. The application is therefore dismissed.

Citation
[2023] EWHC 1255 (Ch)
Parties
Claimant/applicant: DNANudge Limited; Defendant/respondent: Jabil, Inc.
Jurisdiction
England and Wales
Judgment Date
25 May 2023
Procedural Posture
Interim Application for Delivery Up of Property (injunction) / Interlocutory (application for Interim Relief Pending Trial)
Outcome
Application dismissed
Legal Topics
Interim Injunctions, Contractual Lien, Delivery Up of Goods, Adequacy of Damages, Balance of Convenience, Mandatory Injunctions
Commercial Law Contract Law Civil Procedure Interim Injunctions Contractual Lien Delivery Up of Goods Adequacy of Damages Balance of Convenience +1 more

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Parties

DNANudge Limited

Claimant/applicant

Jabil, Inc.

Defendant/respondent

Procedural Posture

Interim Application for Delivery Up of Property (injunction) / Interlocutory (application for Interim Relief Pending Trial)

Legal Issues

  1. 1 Whether the claimant is entitled to an interim mandatory injunction for delivery up of equipment and components from the defendant
  2. 2 Whether the defendant is entitled to retain the equipment and components as security under a contractual lien (clause 4.6 of the agreement)
  3. 3 Whether damages would be an adequate remedy for either party

Ratio Decidendi

The balance of convenience favours the defendant, as granting the interim mandatory injunction would deprive Jabil of its contractual security, and the claimant is insolvent and unable to provide adequate security or cross-undertaking in damages. There is no immediate business need demonstrated by DNANudge, and damages would not be an adequate remedy for either party. The application is therefore dismissed.

Court Disposition

Application dismissed

Orders

  • The application for interim delivery up of equipment and components is refused.