Bentley Motors Ltd v GTI Corporation

Bentley Motors Ltd v GTI Corporation

The defendant's revised offer adequately protects both parties pending trial, and the evidence does not demonstrate sufficient prejudice to the claimant to justify granting an interim mandatory injunction. There is no real prospect of success on appeal against the judge's exercise of discretion in refusing the injunction.

Parties
Claimant: Bentley Motors Limited; Defendant: GTI Corporation
Jurisdiction
England and Wales
Judgment Date
08 February 2016
Procedural Posture
Civil / Renewed Application for Permission to Appeal Against Refusal of Interim Mandatory Injunction
Outcome
permission to appeal refused
Legal Topics
Interim Injunctions, Mandatory Injunctions, Breach of Contract, Supply Contracts, Discretion in Granting Injunctions
Contract Law Civil Procedure Interim Injunctions Mandatory Injunctions Breach of Contract Supply Contracts Discretion in Granting Injunctions

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Parties

Bentley Motors Limited

Claimant

GTI Corporation

Defendant

Procedural Posture

Civil / Renewed Application for Permission to Appeal Against Refusal of Interim Mandatory Injunction

Legal Issues

  1. 1 Whether the refusal to grant an interim mandatory injunction was correct
  2. 2 Whether the new offer by the defendant adequately protects the claimant's position pending trial
  3. 3 Whether there is a real prospect of success on appeal

Ratio Decidendi

The defendant's revised offer adequately protects both parties pending trial, and the evidence does not demonstrate sufficient prejudice to the claimant to justify granting an interim mandatory injunction. There is no real prospect of success on appeal against the judge's exercise of discretion in refusing the injunction.

Court Disposition

permission to appeal refused