Mozafarian Jewellers LLC v Designed By Josh Ltd [2019] EWHC 2764 (Ch) (25 September 2019)

Mozafarian Jewellers LLC v Designed By Josh Ltd [2019] EWHC 2764 (Ch) (25 September 2019)

The Claimant failed to establish a serious issue to be tried on procurement of breach of contract due to the wide contractual discretion of the bank; while malicious falsehood and breach of contract claims may be arguable, the balance of convenience does not favour granting mandatory interlocutory relief, as the prejudice to the Defendant outweighs that to the Claimant and the relief sought is not closely connected to the alleged harm.

Citation
[2019] EWHC 2764 (Ch)
Parties
Claimant: Mozafarian Jewellers LLC; Defendant: Designed by Josh Ltd
Jurisdiction
England and Wales
Judgment Date
25 September 2019
Procedural Posture
Interlocutory Application (injunction) in Civil Proceedings / Application for Interim Mandatory Injunction Prior to Service of Particulars of Claim
Outcome
Application refused
Legal Topics
Interim Injunctions, Mandatory Injunctions, Breach of Contract, Malicious Falsehood, Procurement of Breach of Contract, Disclosure
Contract Law Civil Procedure Interim Injunctions Mandatory Injunctions Breach of Contract Malicious Falsehood Procurement of Breach of Contract Disclosure

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Parties

Mozafarian Jewellers LLC

Claimant

Designed by Josh Ltd

Defendant

Procedural Posture

Interlocutory Application (injunction) in Civil Proceedings / Application for Interim Mandatory Injunction Prior to Service of Particulars of Claim

Legal Issues

  1. 1 Whether the Claimant is entitled to a mandatory interlocutory injunction requiring the Defendant to provide information, documents, and use best endeavours to lift a bank account freeze
  2. 2 Whether there is a serious issue to be tried on the pleaded causes of action (procurement of breach of contract, malicious falsehood, breach of contract)
  3. 3 Whether the balance of convenience favours granting the mandatory injunction

Ratio Decidendi

The Claimant failed to establish a serious issue to be tried on procurement of breach of contract due to the wide contractual discretion of the bank; while malicious falsehood and breach of contract claims may be arguable, the balance of convenience does not favour granting mandatory interlocutory relief, as the prejudice to the Defendant outweighs that to the Claimant and the relief sought is not closely connected to the alleged harm.

Court Disposition

Application refused