Sogexia SARL v R Raphael & Sons Plc

Sogexia SARL v R Raphael & Sons Plc

There is a serious issue to be tried regarding the application of the French regulation; damages would not be an adequate remedy for Sogexia due to reputational and customer loss; the balance of convenience favours granting an injunction to restrain Raphael from implementing the termination notice pending final determination, with liberty to apply to discharge the injunction if new material arises.

Parties
Claimant: Sogexia SARL; Defendant: R Raphael & Sons PLC
Jurisdiction
England and Wales
Judgment Date
29 August 2019
Procedural Posture
Commercial Injunction Application / Interlocutory Application for Injunctive Relief
Outcome
Injunction granted
Legal Topics
Interim Injunctions, Termination of Contract, Cross Border Regulation, Payment Services, Balance of Convenience
Banking Law Contract Law Regulatory Law Interim Injunctions Termination of Contract Cross Border Regulation Payment Services Balance of Convenience

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Parties

Sogexia SARL

Claimant

R Raphael & Sons PLC

Defendant

Procedural Posture

Commercial Injunction Application / Interlocutory Application for Injunctive Relief

Legal Issues

  1. 1 Whether there is a serious issue to be tried regarding the application of the French 'business cap' regulation to the agreement between Sogexia and Raphael
  2. 2 Whether damages would be an adequate remedy for Sogexia if the injunction is not granted
  3. 3 Where the balance of convenience lies between the parties

Ratio Decidendi

There is a serious issue to be tried regarding the application of the French regulation; damages would not be an adequate remedy for Sogexia due to reputational and customer loss; the balance of convenience favours granting an injunction to restrain Raphael from implementing the termination notice pending final determination, with liberty to apply to discharge the injunction if new material arises.

Court Disposition

Injunction granted

Orders

  • Raphael is restrained until 14 October 2019 from terminating or suspending the agreement pursuant to the termination notice of 26 July 2019.
  • Raphael is granted liberty to apply to discharge the injunction if fresh material comes to light.