Flogas v Warrington (t/a Robin Sutton Gases) [2007] EWHC 1303 (QB) (18 May 2007)

Flogas v Warrington (t/a Robin Sutton Gases) [2007] EWHC 1303 (QB) (18 May 2007)

The application for interim injunctions failed because the mandatory relief sought would require ongoing court supervision and was inappropriate in commercial circumstances, and because damages would be an adequate remedy for any breach of contract by Mr Warrington. There was no serious question to be tried regarding entitlement to mandatory or disguised mandatory injunctions, and the balance of convenience favoured the defendant.

Citation
[2007] EWHC 1303 (QB)
Parties
Claimant: Flogas UK Ltd; First Defendant: Vincent Warrington t/a Robin Sutton Gases; Second Defendant: Calor Gas Ltd
Jurisdiction
England and Wales
Judgment Date
18 May 2007
Procedural Posture
Interim Injunction Application / High Court, Queen's Bench Division, Interlocutory Hearing
Outcome
Application dismissed
Legal Topics
Interim Injunctions, Mandatory Injunctions, Prohibitory Injunctions, Specific Performance, Adequacy of Damages, Interpretation of Contracts, Negative Covenants, Repudiation, Misrepresentation
Contract Law Commercial Law Interim Injunctions Mandatory Injunctions Prohibitory Injunctions Specific Performance Adequacy of Damages Interpretation of Contracts +3 more

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Parties

Flogas UK Ltd

Claimant

Vincent Warrington t/a Robin Sutton Gases

First Defendant

Calor Gas Ltd

Second Defendant

Procedural Posture

Interim Injunction Application / High Court, Queen's Bench Division, Interlocutory Hearing

Legal Issues

  1. 1 Whether interim mandatory and prohibitory injunctions should be granted to enforce positive and negative covenants in a dealer agreement
  2. 2 Whether the agreement between Flogas and Mr Warrington was still in force
  3. 3 Whether damages would be an adequate remedy for Flogas

Ratio Decidendi

The application for interim injunctions failed because the mandatory relief sought would require ongoing court supervision and was inappropriate in commercial circumstances, and because damages would be an adequate remedy for any breach of contract by Mr Warrington. There was no serious question to be tried regarding entitlement to mandatory or disguised mandatory injunctions, and the balance of convenience favoured the defendant.

Court Disposition

Application dismissed

Orders

  • Application for interim injunctions refused
  • Claimant to pay first defendant's costs on the indemnity basis