Brainbox Digital Ltd v Backboard Media GmbH & Anor [2017] EWHC 2465 (QB) (06 October 2017)

Brainbox Digital Ltd v Backboard Media GmbH & Anor [2017] EWHC 2465 (QB) (06 October 2017)

The Defendants have not shown a good arguable case that the risk of loss from the injunction exceeds the existing fortification; no further unlimited undertaking is required. The injunction against Backbord continues with agreed business adjustments, including payment of €10,000 monthly salary to its Managing Director. Security for costs is ordered in the sum of £125,000 due to Brainbox's inability to pay if ordered.

Citation
[2017] EWHC 2465
Parties
Claimant: Brainbox Digital Limited; Defendant: Backboard Media GMBH; Defendant: Christian Hansen
Jurisdiction
England and Wales
Judgment Date
06 October 2017
Procedural Posture
Commercial Claim / Interlocutory Hearing on Injunction and Security for Costs
Outcome
Injunction against Backbord Media GMBH continued with variations; injunction against Christian Hansen discharged; request for further unlimited undertaking refused; security for costs ordered.
Legal Topics
Freezing Injunctions, Security for Costs, Cross Undertaking in Damages, Restitution, Contractual Disputes
Commercial Law Civil Procedure Freezing Injunctions Security for Costs Cross Undertaking in Damages Restitution Contractual Disputes

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Parties

Brainbox Digital Limited

Claimant

Backboard Media GMBH

Defendant

Christian Hansen

Defendant

Procedural Posture

Commercial Claim / Interlocutory Hearing on Injunction and Security for Costs

Legal Issues

  1. 1 Should the proprietary and freezing injunction be continued and on what terms?
  2. 2 Should the Defendants be granted security for costs?
  3. 3 Is further fortification of the cross-undertaking in damages required?

Ratio Decidendi

The Defendants have not shown a good arguable case that the risk of loss from the injunction exceeds the existing fortification; no further unlimited undertaking is required. The injunction against Backbord continues with agreed business adjustments, including payment of €10,000 monthly salary to its Managing Director. Security for costs is ordered in the sum of £125,000 due to Brainbox's inability to pay if ordered.

Court Disposition

Injunction against Backbord Media GMBH continued with variations; injunction against Christian Hansen discharged; request for further unlimited undertaking refused; security for costs ordered.

Orders

  • Injunction against Christian Hansen discharged.
  • Injunction against Backbord Media GMBH continued with variation for normal business and payment of €10,000 monthly salary to Managing Director.