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
Summary, issues, holding and outcome
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Parties
Jewellery Appraisal Services
Claimant
Belson and Others
Defendants
Procedural Posture
Interim Injunction Application / Hearing and Ruling on Interim Injunction
Legal Issues
- 1 Whether there is a serious issue to be tried regarding breach of restrictive covenants by the Defendants
- 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.
Full Case Text
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