Alstom Power Ltd. v Somi Impianti S.R.L. [2011] EWHC 3157 (TCC) (21 November 2011)

Alstom Power Ltd. v Somi Impianti S.R.L. [2011] EWHC 3157 (TCC) (21 November 2011)

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 and the irreplaceable nature of some documents. The balance of convenience strongly favoured granting the injunction for the return of the documents.

Citation
[2011] EWHC 3157 (TCC)
Parties
Claimant: Alstom Power Limited; Defendant: SOMI Impianti S.r.l.
Jurisdiction
England and Wales
Judgment Date
21 November 2011
Procedural Posture
Injunction Application (interim and Final) / Hearing of Application for Injunction and Related Orders
Outcome
Injunction granted
Legal Topics
Interim Injunctions, Termination of Contract, Possession and Return of Documents, Subcontractor Insolvency, Balance of Convenience, Adequacy of Damages
Commercial Law Construction Law Contract Law Interim Injunctions Termination of Contract Possession and Return of Documents Subcontractor Insolvency Balance of Convenience +1 more

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Parties

Alstom Power Limited

Claimant

SOMI Impianti S.r.l.

Defendant

Procedural Posture

Injunction Application (interim and Final) / Hearing of Application for Injunction and Related Orders

Legal Issues

  1. 1 Whether the claimant is entitled to an injunction requiring the defendant to return documents removed from the site
  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 and the irreplaceable nature of some documents. The balance of convenience strongly favoured granting the injunction for the return of the documents.

Court Disposition

Injunction granted

Orders

  • Defendant to return all items listed in Schedule 1 (TOP documents) to the custody of the claimant's solicitors in London by the specified date
  • Defendant not to damage, lose, sell, or otherwise dispose of the documents until further order