Mionis v Democratic Press SA & Ors

Mionis v Democratic Press SA & Ors

Clause 3.2 of the settlement agreement is too vague and uncertain as to the scope of the obligation imposed to be enforceable, and thus cannot be the basis for an injunction or inquiry as to damages.

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
Civil / Ruling on Application for Injunction and Inquiry as to Damages
Outcome
Claimant's applications rejected
Legal Topics
Enforceability of Settlement Agreements, Freedom of Expression, Interpretation of Contractual Terms, Severability of Contract Provisions
Contract Law Defamation Enforceability of Settlement Agreements Freedom of Expression Interpretation of Contractual Terms Severability of Contract Provisions

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Parties

Sabby Mionis

Claimant

Democratic Press SA

Defendant

John Filippakis

Defendant

Alexander Tarkas

Defendant

Andrew Kapsabelis

Defendant

Procedural Posture

Civil / Ruling on Application for Injunction and Inquiry as to Damages

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, and thus cannot be the basis for an injunction or inquiry as to damages.

Court Disposition

Claimant's applications rejected