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
Legal Issues
- 1 Whether the defendant's imposition of new working practices constitutes a breach of the Licence Agreement
- 2 Whether damages would be an adequate remedy for the claimant
- 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.
Full Case Text
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