Alstom Power Ltd. v Somi Impianti S.R.L.

Alstom Power Ltd. v Somi Impianti S.R.L.

The court found a serious issue to be tried regarding the entitlement to the documents and the lawfulness of termination. Damages were not an adequate remedy due to the defendant's insolvency. The balance of convenience strongly favored granting the injunction for the return of the documents, as they were critical for project completion and could not all be readily recreated.

Parties
Claimant: Alstom Power Limited; Defendant: SOMI Impianti S.r.l.
Jurisdiction
England and Wales
Judgment Date
21 November 2011
Procedural Posture
Civil (injunction Application) / Interlocutory Application for Injunction; Return Date Hearing
Outcome
Injunction granted
Legal Topics
Injunctions, Termination of Contract, Subcontractor Obligations, Possession of Documents, Balance of Convenience
Contract Law Construction Law Civil Procedure Injunctions Termination of Contract Subcontractor Obligations Possession of Documents Balance of Convenience

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Parties

Alstom Power Limited

Claimant

SOMI Impianti S.r.l.

Defendant

Procedural Posture

Civil (injunction Application) / Interlocutory Application for Injunction; Return Date Hearing

Legal Issues

  1. 1 Whether the claimant is entitled to an injunction for the return of turnover package (TOP) documents removed by the defendant subcontractor
  2. 2 Whether the termination of the subcontract was lawful
  3. 3 Whether damages are an adequate remedy for the claimant

Ratio Decidendi

The court found a serious issue to be tried regarding the entitlement to the documents and the lawfulness of termination. Damages were not an adequate remedy due to the defendant's insolvency. The balance of convenience strongly favored granting the injunction for the return of the documents, as they were critical for project completion and could not all be readily recreated.

Court Disposition

Injunction granted

Orders

  • Defendant to deliver all items listed in Schedule 1 (TOP documents) within its custody, possession or control to the custody of the claimant's solicitors in London by the specified date and to keep them there until further order.
  • Defendant not to damage, lose, sell or otherwise dispose of the documents until further order.