Fashion TV Russia Ltd v F TV Ltd [2009] EWHC 1570 (Ch) (01 June 2009)

Fashion TV Russia Ltd v F TV Ltd [2009] EWHC 1570 (Ch) (01 June 2009)

The claimant has an arguable case that the imposition of new working practices breaches the Licence Agreement and would prevent enjoyment of its rights; damages would not be an adequate remedy; the balance of justice favours granting the injunction without conditions.

Citation
[2009] EWHC 1570 (Ch)
Parties
Claimant: Fashion TV Russia Limited; Defendant: F. TV Limited
Jurisdiction
England and Wales
Judgment Date
01 June 2009
Procedural Posture
Commercial Injunction Application / Interim Application Pending Trial
Outcome
Interim injunction granted
Legal Topics
Interim Injunctions, Licence Agreements, Breach of Contract, Working Practices, Balance of Convenience
Contract Law Commercial Law Interim Injunctions Licence Agreements Breach of Contract Working Practices Balance of Convenience

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Parties

Fashion TV Russia Limited

Claimant

F. TV Limited

Defendant

Procedural Posture

Commercial Injunction Application / Interim Application Pending Trial

Legal Issues

  1. 1 Whether the imposition of new working practices by the defendant 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 claimant has an arguable case that the imposition of new working practices breaches the Licence Agreement and would prevent enjoyment of its rights; damages would not be an adequate remedy; the balance of justice favours granting the injunction without conditions.

Court Disposition

Interim injunction granted

Orders

  • Defendant restrained from imposing new working practices as a precondition to broadcasting claimant's advertisements and programmes pending trial or further order