Power Places Tours Inc & Ors v Free Spirit & Anor

Power Places Tours Inc & Ors v Free Spirit & Anor

The court granted interim injunctive relief to enforce the settlement agreement and restrain further harassment, finding clear breaches by the defendant, a strong likelihood of success at trial, and that the balance of justice favoured the claimants. The court held that English law likely applies given the...

Source-derived case information.

Parties
Claimant: Power Places Tours Inc.; Claimant: Theresa Weiss; Claimant: Toby Weiss; Defendant: Free Spirit; Defendant: Alexandra Dittmann
Jurisdiction
England and Wales
Judgment Date
10 December 2015
Procedural Posture
Civil / Interim Application for Injunctive Relief
Outcome
interim injunctive relief granted
Legal Topics
Interim Injunction, Settlement Agreement, Harassment by Communication, Choice of Law, Costs
Defamation Harassment Contract Interim Injunction Settlement Agreement Harassment by Communication Choice of Law Costs

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Parties

Power Places Tours Inc.

Claimant

Theresa Weiss

Claimant

Toby Weiss

Claimant

Free Spirit

Defendant

Alexandra Dittmann

Defendant

Procedural Posture

Civil / Interim Application for Injunctive Relief

Legal Issues

  1. 1 Whether interim injunctive relief should be granted to enforce a Tomlin order and settlement agreement
  2. 2 Whether interim injunctive relief should be granted to restrain harassment by direct communication
  3. 3 Whether English law applies to harassment of foreign claimants

Ratio Decidendi

The court granted interim injunctive relief to enforce the settlement agreement and restrain further harassment, finding clear breaches by the defendant, a strong likelihood of success at trial, and that the balance of justice favoured the claimants. The court held that English law likely applies given the defendant's connection to the jurisdiction and submission to the court. The defendant's conduct, including unwarranted demands and threats, justified the orders and costs against him.

Court Disposition

interim injunctive relief granted

Orders

  • Interim injunction granted to enforce the Tomlin order and settlement agreement in Action HQ15D03284.
  • Interim injunction granted restraining harassment by direct communication in Action HQ15X04987.