Blade Motor Group Ltd v Reynolds & Reynolds Ltd
Blade failed to prove that damages would not be an adequate remedy for loss of access to the KDMS software; the balance of convenience and delay in seeking relief weigh against granting a mandatory interim injunction; status quo is that Blade has no access to the software.
- Parties
- Claimant: Blade Motor Group Limited; Defendant: Reynolds & Reynolds Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 23 February 2018
- Procedural Posture
- Application for Interim Injunction / Ruling on Mandatory Interim Injunction Application
- Outcome
- Application for mandatory interim injunction refused.
- Legal Topics
- Interim Injunctions, Mandatory Injunctions, Specific Performance, Rectification, Termination of Contract, Balance of Convenience
Case Brief
Summary, issues, holding and outcome
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Parties
Blade Motor Group Limited
Claimant
Reynolds & Reynolds Limited
Defendant
Procedural Posture
Application for Interim Injunction / Ruling on Mandatory Interim Injunction Application
Legal Issues
- 1 Whether the claimant is entitled to a mandatory interim injunction requiring the defendant to provide access to business software pending trial
- 2 Whether damages would be an adequate remedy for the claimant
- 3 Whether the balance of convenience favours granting the injunction
Ratio Decidendi
Blade failed to prove that damages would not be an adequate remedy for loss of access to the KDMS software; the balance of convenience and delay in seeking relief weigh against granting a mandatory interim injunction; status quo is that Blade has no access to the software.
Court Disposition
Application for mandatory interim injunction refused.
Orders
- Blade's application for mandatory interim injunctive relief is refused.
Full Case Text
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