Ayobiojo v Easyspace Ltd & Anor [2001] EWCA Civ 665 (4 May 2001)

Ayobiojo v Easyspace Ltd & Anor [2001] EWCA Civ 665 (4 May 2001)

The application for an interim mandatory injunction was refused because it was inappropriate to grant such relief on short notice after a significant delay, and the applicant had already been offered the substantive relief sought pending trial. The costs order was upheld as the judge was not plainly wrong and the respondent had offered all relief sought at the time.

Citation
[2001] EWCA Civ 665
Parties
Applicant: B A Ayobiojo; Respondent: Easyspace Limited; Respondent: Internet Corporation for Assigned Names and Numbers
Jurisdiction
England and Wales
Judgment Date
04 May 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application for permission to appeal refused
Legal Topics
Interim Injunctions, Costs Orders, Domain Name Disputes
Civil Procedure Contract Law Interim Injunctions Costs Orders Domain Name Disputes

Case Brief

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Parties

B A Ayobiojo

Applicant

Easyspace Limited

Respondent

Internet Corporation for Assigned Names and Numbers

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to an interim mandatory injunction for restoration of domain accounts
  2. 2 Whether the costs order against the applicant should be set aside

Ratio Decidendi

The application for an interim mandatory injunction was refused because it was inappropriate to grant such relief on short notice after a significant delay, and the applicant had already been offered the substantive relief sought pending trial. The costs order was upheld as the judge was not plainly wrong and the respondent had offered all relief sought at the time.

Court Disposition

application for permission to appeal refused

Orders

  • permission to appeal refused
  • applications dismissed