AB v CD (Rev 2) [2014] EWHC 1 (QB) (03 January 2014)

AB v CD (Rev 2) [2014] EWHC 1 (QB) (03 January 2014)

Damages are an adequate remedy for the Claimant, even if limited by the contractual limitation of liability clause, because the limitation was part of the commercial bargain freely entered into by the parties. Therefore, no interim injunction should be granted.

Citation
[2014] EWHC 1
Parties
Claimant: AB; Defendant: CD
Jurisdiction
England and Wales
Judgment Date
03 January 2014
Procedural Posture
Arbitration Act 1996 S.44 Application / Interim Injunction Application Prior to Arbitration
Outcome
Application for interim injunction refused
Legal Topics
Interim Injunctions, Adequacy of Damages, Contractual Limitation of Liability, Termination of Contract, Arbitration Support by Courts
Commercial Law Arbitration Interim Injunctions Adequacy of Damages Contractual Limitation of Liability Termination of Contract Arbitration Support by Courts

Case Brief

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Parties

AB

Claimant

CD

Defendant

Procedural Posture

Arbitration Act 1996 S.44 Application / Interim Injunction Application Prior to Arbitration

Legal Issues

  1. 1 Whether an interim injunction should be granted to restrain termination of a Licensing Agreement pending arbitration
  2. 2 Whether damages would be an adequate remedy given a contractual limitation of liability clause

Ratio Decidendi

Damages are an adequate remedy for the Claimant, even if limited by the contractual limitation of liability clause, because the limitation was part of the commercial bargain freely entered into by the parties. Therefore, no interim injunction should be granted.

Court Disposition

Application for interim injunction refused

Orders

  • Application for interim injunction under s.44 Arbitration Act 1996 is refused
  • Permission to appeal granted