Cinpres Gas Injection Ltd v Melea Ltd

Cinpres Gas Injection Ltd v Melea Ltd

The injunction granted by Patten J was procedurally flawed due to lack of notice, inadequate evidentiary record, and excessive scope. The proper approach is to restrain contact relating to the action or evidence except through instructed lawyers, ensuring protection of proceedings without inhibiting legitimate evidence gathering.

Parties
Claimant: CINPRES GAS INJECTION LIMITED; Defendant: MELEA LIMITED
Jurisdiction
England and Wales
Judgment Date
14 December 2005
Procedural Posture
Civil / Application to Set Aside Injunction
Outcome
Patten J's injunction discharged and replaced with a narrower injunction.
Legal Topics
Injunctions, Witness Interference, Patent Entitlement
Civil Procedure Intellectual Property Injunctions Witness Interference Patent Entitlement

Case Brief

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Parties

CINPRES GAS INJECTION LIMITED

Claimant

MELEA LIMITED

Defendant

Procedural Posture

Civil / Application to Set Aside Injunction

Legal Issues

  1. 1 Whether the injunction granted without notice should be set aside
  2. 2 Whether procedural safeguards were observed in granting the injunction
  3. 3 Scope of the injunction and its impact on evidence gathering

Ratio Decidendi

The injunction granted by Patten J was procedurally flawed due to lack of notice, inadequate evidentiary record, and excessive scope. The proper approach is to restrain contact relating to the action or evidence except through instructed lawyers, ensuring protection of proceedings without inhibiting legitimate evidence gathering.

Court Disposition

Patten J's injunction discharged and replaced with a narrower injunction.

Orders

  • Injunction restraining any contact by or on behalf of Mr. Ladney with Mr. Hendry relating to any matter in issue in this action or to any evidence which he has or might in the future give otherwise than through lawyers instructed both by Mr. Ladney and by Mr. Hendry.
  • No other order made; costs to be heard.