Psychology Press Ltd v Flanagan & Anor [2002] EWHC 1205 (QB) (19 June 2002)

Psychology Press Ltd v Flanagan & Anor [2002] EWHC 1205 (QB) (19 June 2002)

There is a powerfully arguable case that the second defendant was aware of and encouraged a breach of the non-compete clause by the first defendant, and that damages would not be an adequate remedy for the claimant. The balance of convenience lies in favour of granting an interim injunction to maintain the status quo pending an expedited trial, and the public interest in enforcing contractual obligations outweighs the second defendant's freedom of expression in this context.

Citation
[2002] EWHC 1205
Parties
Claimant: Psychology Press Limited; First Defendant: Cara Flanagan; Second Defendant: Nelson Thornes Limited
Jurisdiction
England and Wales
Judgment Date
19 June 2002
Procedural Posture
Interim Injunction Application / Interlocutory (pre Trial)
Outcome
Interim injunction granted against the second defendant.
Legal Topics
Interim Injunctions, Breach of Contract, Inducement of Breach of Contract, Non Compete Clauses, Freedom of Expression, Adequacy of Damages, Balance of Convenience
Contract Law Tort Law Intellectual Property Interim Injunctions Breach of Contract Inducement of Breach of Contract Non Compete Clauses Freedom of Expression +2 more

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Parties

Psychology Press Limited

Claimant

Cara Flanagan

First Defendant

Nelson Thornes Limited

Second Defendant

Procedural Posture

Interim Injunction Application / Interlocutory (pre Trial)

Legal Issues

  1. 1 Whether the claimant is entitled to an interim injunction restraining the second defendant from publishing a competing work allegedly in breach of a non-compete clause in the claimant's contract with the first defendant
  2. 2 Whether the second defendant induced or procured a breach of contract by the first defendant
  3. 3 Whether damages would be an adequate remedy for the claimant

Ratio Decidendi

There is a powerfully arguable case that the second defendant was aware of and encouraged a breach of the non-compete clause by the first defendant, and that damages would not be an adequate remedy for the claimant. The balance of convenience lies in favour of granting an interim injunction to maintain the status quo pending an expedited trial, and the public interest in enforcing contractual obligations outweighs the second defendant's freedom of expression in this context.

Court Disposition

Interim injunction granted against the second defendant.

Orders

  • Second defendant restrained from printing, editing or publishing the proposed book pending expedited trial.
  • Expedited trial to be fixed between 8 July and the end of the current term.