SDI Retail Services Ltd v King & Ors

SDI Retail Services Ltd v King & Ors

There is a serious issue to be tried regarding the construction of paragraph 5.4 of Schedule 3 and compliance of the Notice of Offer. Damages would not be an adequate remedy for SDIR due to difficulty in quantification and contractual limitations. The balance of convenience favours preserving the status quo by granting an interim injunction pending a return date.

Parties
Claimant: SDI Retail Services Limited; Defendant: David King; Defendant: Paul Murray; Defendant: The Rangers Football Limited; Defendant: Rangers Retail Limited
Jurisdiction
England and Wales
Judgment Date
02 July 2018
Procedural Posture
Commercial Injunction Application / Interim Application for Injunction
Outcome
Interim injunction granted
Legal Topics
Interim Injunction, Matching Rights, Adequacy of Damages, Contractual Construction
Contract Law Commercial Law Interim Injunction Matching Rights Adequacy of Damages Contractual Construction

Case Brief

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Parties

SDI Retail Services Limited

Claimant

David King

Defendant

Paul Murray

Defendant

The Rangers Football Limited

Defendant

Rangers Retail Limited

Defendant

Procedural Posture

Commercial Injunction Application / Interim Application for Injunction

Legal Issues

  1. 1 Whether the Notice of Offer complied with contractual requirements under Schedule 3, paragraph 5.4
  2. 2 Whether SDIR is entitled to an interim injunction restraining Rangers from entering into an agreement with a third party
  3. 3 Adequacy of damages as a remedy for breach of contract

Ratio Decidendi

There is a serious issue to be tried regarding the construction of paragraph 5.4 of Schedule 3 and compliance of the Notice of Offer. Damages would not be an adequate remedy for SDIR due to difficulty in quantification and contractual limitations. The balance of convenience favours preserving the status quo by granting an interim injunction pending a return date.

Court Disposition

Interim injunction granted

Orders

  • Defendants are injuncted in the terms sought in the draft order pending a return date.
  • Parties to be heard on the precise language of the order.