Fashion TV Russia Ltd v F TV Ltd

Fashion TV Russia Ltd v F TV Ltd

The imposition of new working practices by the defendant would arguably breach the Licence Agreement and prevent the claimant from enjoying its contractual rights; damages would not be an adequate remedy; the balance of justice favours granting the injunction without the condition sought by the defendant.

Parties
Claimant: Fashion TV Russia Limited; Defendant: F. TV Limited
Jurisdiction
England and Wales
Judgment Date
01 June 2009
Procedural Posture
Commercial / Interlocutory Application for Injunction
Outcome
Injunction granted
Legal Topics
Interim Injunctions, Breach of Contract, Licence Agreements, Remedies

Case Brief

Summary, issues, holding and outcome

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Parties

Fashion TV Russia Limited

Claimant

F. TV Limited

Defendant

Procedural Posture

Commercial / Interlocutory Application for Injunction

  1. 1 Whether the defendant's imposition of new working practices constitutes a breach of the Licence Agreement
  2. 2 Whether damages would be an adequate remedy for the claimant
  3. 3 Whether the balance of justice favours granting the injunction

Ratio Decidendi

The imposition of new working practices by the defendant would arguably breach the Licence Agreement and prevent the claimant from enjoying its contractual rights; damages would not be an adequate remedy; the balance of justice favours granting the injunction without the condition sought by the defendant.

Court Disposition

Injunction granted

Orders

  • The defendant is restrained from imposing new working practices as a precondition to broadcasting the claimant's advertisements and programmes pending trial or further order.