Jewellery Appraisal Services v Belson & Ors [2005] EWHC 758 (QB) (11 April 2005)

Jewellery Appraisal Services v Belson & Ors [2005] EWHC 758 (QB) (11 April 2005)

There is a serious issue to be tried regarding the alleged breaches of restrictive covenants by the Defendants, and the balance of convenience favours granting an interim injunction as the least risk of injustice lies in preserving the status quo and preventing further potential breaches.

Citation
[2005] EWHC 758
Parties
Claimant: Jewellery Appraisal Services; Defendants: Belson and Others
Jurisdiction
England and Wales
Judgment Date
11 April 2005
Procedural Posture
Interim Injunction Application / Hearing and Ruling on Interim Injunction
Outcome
Interim injunction granted in principle; Defendants to pay Claimant's costs of the application.
Legal Topics
Restrictive Covenants, Interim Injunctions, Breach of Contract, Non Solicitation, Non Competition

Case Brief

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Parties

Jewellery Appraisal Services

Claimant

Belson and Others

Defendants

Procedural Posture

Interim Injunction Application / Hearing and Ruling on Interim Injunction

  1. 1 Whether there is a serious issue to be tried regarding breach of restrictive covenants by the Defendants
  2. 2 Whether the balance of convenience favours granting an interim injunction

Ratio Decidendi

There is a serious issue to be tried regarding the alleged breaches of restrictive covenants by the Defendants, and the balance of convenience favours granting an interim injunction as the least risk of injustice lies in preserving the status quo and preventing further potential breaches.

Court Disposition

Interim injunction granted in principle; Defendants to pay Claimant's costs of the application.

Orders

  • Interim injunction to restrain Defendants from breaching restrictive covenants pending trial.
  • Defendants to pay an interim payment of £3,500 towards Claimant's costs, with further costs to be assessed.