Marketmaker Beijing Co Ltd & Ors v CMC Group Plc & Ors [2004] EWHC 2208 (QB) (08 October 2004)

Marketmaker Beijing Co Ltd & Ors v CMC Group Plc & Ors [2004] EWHC 2208 (QB) (08 October 2004)

The claimants failed to establish any arguable legal right or triable issue justifying the grant of interim injunctions. The alleged informal agreements were not concluded, the written agreements expressly prohibited the claimants from holding themselves out as agents, and there was no basis for implying a term requiring the defendants to comply with Chinese law. The injunctions sought were vague, overly broad, and unsupported by evidence. Accordingly, the application for interim relief was dismissed.

Citation
[2004] EWHC 2208 (QB)
Parties
Claimant: Marketmaker Beijing Co Limited; Claimant: Obair Group International Corporation; Claimant: Forex Technology Corporation; Claimant: Naser Taher; Defendant: CMC Group Plc; Defendant: CMC Asia Pacific Pty Limited; Defendant: Peter Andrew Cruddas
Jurisdiction
England and Wales
Judgment Date
08 October 2004
Procedural Posture
Interim Application for Injunctive Relief / Application for Interim Injunctions Prior to Trial
Outcome
Application for interim injunctions dismissed
Legal Topics
Interim Injunctions, Agency, Implied Terms, Breach of Confidence, Foreign Law Compliance
Contract Law Civil Procedure Interim Injunctions Agency Implied Terms Breach of Confidence Foreign Law Compliance

Case Brief

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Parties

Marketmaker Beijing Co Limited

Claimant

Obair Group International Corporation

Claimant

Forex Technology Corporation

Claimant

Naser Taher

Claimant

CMC Group Plc

Defendant

CMC Asia Pacific Pty Limited

Defendant

Peter Andrew Cruddas

Defendant

Procedural Posture

Interim Application for Injunctive Relief / Application for Interim Injunctions Prior to Trial

Legal Issues

  1. 1 Whether the claimants are entitled to interim injunctions restraining the defendants from denying agency or from breaching Chinese law
  2. 2 Whether there is a triable issue as to the existence of alleged informal agreements between the parties
  3. 3 Whether there is a cause of action justifying the grant of the agency injunction or the Chinese illegality injunction

Ratio Decidendi

The claimants failed to establish any arguable legal right or triable issue justifying the grant of interim injunctions. The alleged informal agreements were not concluded, the written agreements expressly prohibited the claimants from holding themselves out as agents, and there was no basis for implying a term requiring the defendants to comply with Chinese law. The injunctions sought were vague, overly broad, and unsupported by evidence. Accordingly, the application for interim relief was dismissed.

Court Disposition

Application for interim injunctions dismissed