On Medical Ltd v Medco Registration Solutions Ltd [2017] EWHC 3111 (Ch) (22 November 2017)

On Medical Ltd v Medco Registration Solutions Ltd [2017] EWHC 3111 (Ch) (22 November 2017)

The claimant's application for interim injunctive relief was refused because, even if there was an arguable breach of contract, the claimant remained in continuing breach of qualifying criteria, the defendant had contractual power to partially suspend the claimant's status, the contractual escalation clause was engaged, and the balance of convenience and public interest weighed against granting the injunction.

Citation
[2017] EWHC 3111 (Ch)
Parties
Claimant: On Medical Limited; Defendant: MedCo Registration Solutions Limited
Jurisdiction
England and Wales
Judgment Date
22 November 2017
Procedural Posture
Interim Injunction Application in a Contract Dispute / Hearing and Judgment on Interim Injunctive Relief
Outcome
Application for interim injunctive relief refused; costs awarded to the defendant.
Legal Topics
Interim Injunctions, Breach of Contract, Contractual Dispute Resolution Clauses, Compliance Procedures, Limitation of Liability
Contract Law Civil Procedure Interim Injunctions Breach of Contract Contractual Dispute Resolution Clauses Compliance Procedures Limitation of Liability

Case Brief

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Parties

On Medical Limited

Claimant

MedCo Registration Solutions Limited

Defendant

Procedural Posture

Interim Injunction Application in a Contract Dispute / Hearing and Judgment on Interim Injunctive Relief

Legal Issues

  1. 1 Whether the claimant is entitled to interim injunctive relief restoring its status as a high volume national medical reporting organisation pending resolution of the substantive dispute
  2. 2 Whether the defendant had contractual power to downgrade the claimant's status and partially suspend services
  3. 3 Whether damages would be an adequate remedy for the claimant

Ratio Decidendi

The claimant's application for interim injunctive relief was refused because, even if there was an arguable breach of contract, the claimant remained in continuing breach of qualifying criteria, the defendant had contractual power to partially suspend the claimant's status, the contractual escalation clause was engaged, and the balance of convenience and public interest weighed against granting the injunction.

Court Disposition

Application for interim injunctive relief refused; costs awarded to the defendant.

Orders

  • Claimant's application for interim injunction dismissed.
  • Claimant to pay defendant's costs summarily assessed at £30,391.50 within 14 days.