Mionis v Democratic Press SA & Ors [2014] EWHC 4104 (QB) (05 December 2014)

Mionis v Democratic Press SA & Ors [2014] EWHC 4104 (QB) (05 December 2014)

Clause 3.2 of the settlement agreement is too vague and uncertain as to the scope of the obligation imposed to be enforceable; therefore, the Defendants cannot be held in breach nor can an injunction or inquiry as to damages be granted.

Citation
[2014] EWHC 4104
Parties
Claimant: Sabby Mionis; Defendant: Democratic Press SA; Defendant: John Filippakis; Defendant: Alexander Tarkas; Defendant: Andrew Kapsabelis
Jurisdiction
England and Wales
Judgment Date
05 December 2014
Procedural Posture
Application for Enforcement of Settlement Agreement and Injunction / Post Settlement Enforcement Hearing
Outcome
Claimant's applications rejected
Legal Topics
Enforceability of Settlement Agreements, Vagueness and Uncertainty in Contractual Terms, Freedom of Expression, Public Policy in Contract Enforcement
Contract Law Defamation Media Law Enforceability of Settlement Agreements Vagueness and Uncertainty in Contractual Terms Freedom of Expression Public Policy in Contract Enforcement

Case Brief

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Parties

Sabby Mionis

Claimant

Democratic Press SA

Defendant

John Filippakis

Defendant

Alexander Tarkas

Defendant

Andrew Kapsabelis

Defendant

Procedural Posture

Application for Enforcement of Settlement Agreement and Injunction / Post Settlement Enforcement Hearing

Legal Issues

  1. 1 Whether clause 3.2 of the settlement agreement is enforceable
  2. 2 Whether the Defendants breached clause 3.2 by indirect reference to the Claimant
  3. 3 Whether an injunction and inquiry as to damages should be granted

Ratio Decidendi

Clause 3.2 of the settlement agreement is too vague and uncertain as to the scope of the obligation imposed to be enforceable; therefore, the Defendants cannot be held in breach nor can an injunction or inquiry as to damages be granted.

Court Disposition

Claimant's applications rejected

Orders

  • No injunction granted
  • No inquiry as to damages ordered