DNANudge Limited v Jabil, Inc.

DNANudge Limited v Jabil, Inc.

The balance of convenience favours Jabil, as the potential harm to Jabil from loss of security outweighs DNANudge's claimed harm. Damages are not an adequate remedy for either party, but DNANudge is insolvent and unable to offer meaningful security or cross-undertaking. There is a serious issue to be tried on the construction of clause 4.6 and title to components, but the application for delivery up is dismissed due to the risk of injustice to Jabil.

Parties
Claimant/applicant: DNANudge Limited; Defendant/respondent: Jabil, Inc.
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Commercial Dispute / Interim Application for Delivery Up (injunction)
Outcome
Application dismissed
Legal Topics
Interim Injunctions, Contractual Liens, Delivery Up of Goods, Mandatory Injunctions
Contract Law Commercial Law Interim Injunctions Contractual Liens Delivery Up of Goods Mandatory Injunctions

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Parties

DNANudge Limited

Claimant/applicant

Jabil, Inc.

Defendant/respondent

Procedural Posture

Commercial Dispute / Interim Application for Delivery Up (injunction)

Legal Issues

  1. 1 Whether DNANudge is entitled to interim delivery up of equipment and components from Jabil
  2. 2 Whether Jabil is entitled to retain equipment and components as security under clause 4.6 of the Manufacturing Agreement
  3. 3 Whether damages are an adequate remedy for either party

Ratio Decidendi

The balance of convenience favours Jabil, as the potential harm to Jabil from loss of security outweighs DNANudge's claimed harm. Damages are not an adequate remedy for either party, but DNANudge is insolvent and unable to offer meaningful security or cross-undertaking. There is a serious issue to be tried on the construction of clause 4.6 and title to components, but the application for delivery up is dismissed due to the risk of injustice to Jabil.

Court Disposition

Application dismissed