Mozafarian Jewellers LLC v Designed By Josh Ltd

Mozafarian Jewellers LLC v Designed By Josh Ltd

The application for mandatory interlocutory relief is refused. There is no serious issue to be tried regarding procurement of breach of contract as Mashreq Bank acted within its contractual rights. The malicious falsehood claim is not properly pleaded but may be arguable. The balance of convenience does not favour the Claimant as the prejudice from the freeze is limited and the relief sought is final in nature and inappropriate for interlocutory determination.

Parties
Claimant: Mozafarian Jewellers LLC; Defendant: Designed by Josh Ltd
Jurisdiction
England and Wales
Judgment Date
25 September 2019
Procedural Posture
Civil / Interlocutory Application for Mandatory Injunction and Disclosure
Outcome
Application refused
Legal Topics
Breach of Contract, Procurement of Breach of Contract, Malicious Falsehood, Interlocutory Injunctions, Disclosure
Contract Law Civil Procedure Breach of Contract Procurement of Breach of Contract Malicious Falsehood Interlocutory Injunctions Disclosure

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Parties

Mozafarian Jewellers LLC

Claimant

Designed by Josh Ltd

Defendant

Procedural Posture

Civil / Interlocutory Application for Mandatory Injunction and Disclosure

Legal Issues

  1. 1 Whether the Defendant procured a breach of contract between the Claimant and Mashreq Bank
  2. 2 Whether the Defendant committed malicious falsehood
  3. 3 Whether there was an express or implied term preventing the Defendant from depriving the Claimant of the benefit of the £1 million payment

Ratio Decidendi

The application for mandatory interlocutory relief is refused. There is no serious issue to be tried regarding procurement of breach of contract as Mashreq Bank acted within its contractual rights. The malicious falsehood claim is not properly pleaded but may be arguable. The balance of convenience does not favour the Claimant as the prejudice from the freeze is limited and the relief sought is final in nature and inappropriate for interlocutory determination.

Court Disposition

Application refused