AMEC Group Ltd. v Universal Steels (Scotland) Ltd

AMEC Group Ltd. v Universal Steels (Scotland) Ltd

There was no binding agreement on 29th August 2008 requiring AMEC to pay all outstanding sums and waive claims before receiving the QA documentation; the evidence showed only an agreement in principle with no agreed figures or waiver. Under the contract, USSL was obliged to provide the QA documentation. Damages would not be an adequate remedy for AMEC if the injunction was not granted, but would be adequate for USSL if it was. The balance of convenience overwhelmingly favoured granting the injunction and releasing the documentation to AMEC.

Parties
Applicant: AMEC Group Limited; Respondent: Universal Steels (Scotland) Limited
Jurisdiction
England and Wales
Judgment Date
25 March 2009
Procedural Posture
Interlocutory Application for Injunction / Ruling on Application for Variation of Interlocutory Injunction
Outcome
Injunction varied and maintained in favour of AMEC; QA documentation to be released to AMEC as soon as possible.
Legal Topics
Interim Injunctions, Mandatory Injunctions, Commercial Contracts, Remedies, Balance of Convenience
Contract Law Civil Procedure Interim Injunctions Mandatory Injunctions Commercial Contracts Remedies Balance of Convenience

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Parties

AMEC Group Limited

Applicant

Universal Steels (Scotland) Limited

Respondent

Procedural Posture

Interlocutory Application for Injunction / Ruling on Application for Variation of Interlocutory Injunction

Legal Issues

  1. 1 Whether there was a binding agreement on 29th August 2008 that AMEC would waive claims and pay all outstanding sums before USSL provided QA documentation
  2. 2 Whether AMEC is entitled to the QA documentation forthwith under the contract

Ratio Decidendi

There was no binding agreement on 29th August 2008 requiring AMEC to pay all outstanding sums and waive claims before receiving the QA documentation; the evidence showed only an agreement in principle with no agreed figures or waiver. Under the contract, USSL was obliged to provide the QA documentation. Damages would not be an adequate remedy for AMEC if the injunction was not granted, but would be adequate for USSL if it was. The balance of convenience overwhelmingly favoured granting the injunction and releasing the documentation to AMEC.

Court Disposition

Injunction varied and maintained in favour of AMEC; QA documentation to be released to AMEC as soon as possible.

Orders

  • The interlocutory injunction is varied to allow the QA documentation currently held by Pinsent Masons to be released to AMEC immediately.
  • All other subsidiary matters, including costs, to be addressed following the handing down of the judgment.