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 clause, because the limitation was part of the commercial bargain freely entered into. The existence of a limitation of liability clause does not, in this context, render damages inadequate so as to justify an interim injunction.

Citation
[2014] EWHC 1 (QB)
Parties
Claimant: AB; Defendant: CD
Jurisdiction
England and Wales
Judgment Date
03 January 2014
Procedural Posture
Interim Injunction Application Under Arbitration Act 1996 S.44 / First Instance, Application for Interim Relief Pending Arbitration
Outcome
Application for interim injunction refused
Legal Topics
Interim Injunctions, Adequacy of Damages, Contract Termination, Limitation of Liability Clauses
Commercial Law Arbitration Interim Injunctions Adequacy of Damages Contract Termination Limitation of Liability Clauses

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Parties

AB

Claimant

CD

Defendant

Procedural Posture

Interim Injunction Application Under Arbitration Act 1996 S.44 / First Instance, Application for Interim Relief Pending 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 are an adequate remedy in light of a contractual limitation of liability clause

Ratio Decidendi

Damages are an adequate remedy for the Claimant, even if limited by the contractual clause, because the limitation was part of the commercial bargain freely entered into. The existence of a limitation of liability clause does not, in this context, render damages inadequate so as to justify an interim injunction.

Court Disposition

Application for interim injunction refused

Orders

  • No interim injunction granted
  • Permission to appeal granted