Arqiva Ltd & Ors v Everything Everywhere Ltd & Ors [2011] EWHC 2477 (TCC) (08 August 2011)

Arqiva Ltd & Ors v Everything Everywhere Ltd & Ors [2011] EWHC 2477 (TCC) (08 August 2011)

The application for an interim injunction was dismissed because there was no serious issue to be tried regarding the alleged breaches of contract, damages would be an adequate remedy for any loss suffered by the Claimants, and the balance of convenience did not favour granting the injunction.

Source-derived case information.

Citation
[2011] EWHC 2477 (TCC)
Parties
Claimant: Arqiva Limited; Claimant: Arqiva Services Limited; Claimant: Arqiva No 2 Limited; Claimant: Arqiva No 3 Limited; Claimant: Arqiva Aerial Sites Plc; Respondent: Everything Everywhere Limited (formerly T-Mobile (UK) Limited); Respondent: Orange Personal Communications Services Limited; Respondent: Orange Holdings (UK) Limited; Respondent: Mobile Broadband Network Limited; Respondent: Hutchison 3G (UK) Limited
Jurisdiction
England and Wales
Judgment Date
08 August 2011
Procedural Posture
Application for Interim Injunction / Ruling on Interim Injunction Application
Outcome
Application dismissed
Legal Topics
Interim Injunctions, Adequacy of Damages, Balance of Convenience, Site Sharing Agreements, Licence Transfer, Statutory Interpretation
Contract Law Telecommunications Law Interim Injunctions Adequacy of Damages Balance of Convenience Site Sharing Agreements Licence Transfer Statutory Interpretation

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Summary, issues, holding and outcome

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Parties

Arqiva Limited

Claimant

Arqiva Services Limited

Claimant

Arqiva No 2 Limited

Claimant

Arqiva No 3 Limited

Claimant

Arqiva Aerial Sites Plc

Claimant

Everything Everywhere Limited (formerly T-Mobile (UK) Limited)

Respondent

Orange Personal Communications Services Limited

Respondent

Orange Holdings (UK) Limited

Respondent

Mobile Broadband Network Limited

Respondent

Hutchison 3G (UK) Limited

Respondent

Procedural Posture

Application for Interim Injunction / Ruling on Interim Injunction Application

Legal Issues

  1. 1 Whether there is a serious issue to be tried regarding breach of contract (Clause 9.3 and Clause 28 of MSSA)
  2. 2 Whether damages are an adequate remedy for the Claimants
  3. 3 Whether the balance of convenience favours granting an interim injunction

Ratio Decidendi

The application for an interim injunction was dismissed because there was no serious issue to be tried regarding the alleged breaches of contract, damages would be an adequate remedy for any loss suffered by the Claimants, and the balance of convenience did not favour granting the injunction.

Court Disposition

Application dismissed

Orders

  • Application for interim injunction refused
  • Permission granted to Claimants to re-apply if circumstances change