Unique Pub Properties Ltd v Roddy & Ors

Unique Pub Properties Ltd v Roddy & Ors

The claimant has demonstrated a serious issue to be tried and a high degree of assurance of success at trial. Damages would not be an adequate remedy for the claimant if the injunction is wrongly refused, given the defendants' limited means. The balance of convenience strongly favours granting the interim injunction, as the defendants would otherwise benefit from breaching the lease without the alleged competitive disadvantage persisting.

Parties
Claimant: Unique Pub Properties Ltd; Defendant: Michael James Roddy; Defendant: Brenda Roddy; Defendant: Rebecca Roddy
Jurisdiction
England and Wales
Judgment Date
21 November 2018
Procedural Posture
Civil / Interim Injunction Application
Outcome
interim injunction granted
Legal Topics
Exclusive Purchasing Agreements, Interim Injunctions, Enforceability of Lease Clauses, Chapter 1 Prohibition, Mandatory Injunctions
Competition Law Contract Law Exclusive Purchasing Agreements Interim Injunctions Enforceability of Lease Clauses Chapter 1 Prohibition Mandatory Injunctions

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Parties

Unique Pub Properties Ltd

Claimant

Michael James Roddy

Defendant

Brenda Roddy

Defendant

Rebecca Roddy

Defendant

Procedural Posture

Civil / Interim Injunction Application

Legal Issues

  1. 1 Whether the purchasing obligation in the lease is void and unenforceable under s.2(1) Competition Act 1998
  2. 2 Whether an interim mandatory injunction should be granted to enforce the lease clause

Ratio Decidendi

The claimant has demonstrated a serious issue to be tried and a high degree of assurance of success at trial. Damages would not be an adequate remedy for the claimant if the injunction is wrongly refused, given the defendants' limited means. The balance of convenience strongly favours granting the interim injunction, as the defendants would otherwise benefit from breaching the lease without the alleged competitive disadvantage persisting.

Court Disposition

interim injunction granted

Orders

  • The defendants shall buy from the claimant (or their nominated supplier) all tied drinks they wish to sell as part of the business and shall not bring onto the property any tied drinks not supplied by the claimant or their nominated supplier.