Watson's Dairies v A G Lambert & Partners & Ors [2020] EWHC 2825 (Ch) (06 October 2020)

Watson's Dairies v A G Lambert & Partners & Ors [2020] EWHC 2825 (Ch) (06 October 2020)

Damages are an adequate remedy for the Applicant; the market for milk is functioning and Applicant can procure milk elsewhere, even at higher cost. The injunction would improperly tie Respondents into disputed contracts and subvert market forces. The second stage of the American Cyanamid test is not satisfied.

Citation
[2020] EWHC 2825 (Ch)
Parties
Applicant: Watson's Dairies Limited; Respondents: A G Lambert & Partners & Ors
Jurisdiction
England and Wales
Judgment Date
06 October 2020
Procedural Posture
Interim Injunction Application / Return Date Hearing
Outcome
Injunction discharged; application refused
Legal Topics
Interim Injunctions, Adequacy of Damages, Supply Contracts, Specific Performance, Termination of Contract
Contract Law Commercial Law Interim Injunctions Adequacy of Damages Supply Contracts Specific Performance Termination of Contract

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Parties

Watson's Dairies Limited

Applicant

A G Lambert & Partners & Ors

Respondents

Procedural Posture

Interim Injunction Application / Return Date Hearing

Legal Issues

  1. 1 Whether interim injunction restraining Respondents from selling milk elsewhere should be continued until trial
  2. 2 Whether damages are an adequate remedy for Applicant
  3. 3 Validity of notices to terminate Milk Purchase Agreements

Ratio Decidendi

Damages are an adequate remedy for the Applicant; the market for milk is functioning and Applicant can procure milk elsewhere, even at higher cost. The injunction would improperly tie Respondents into disputed contracts and subvert market forces. The second stage of the American Cyanamid test is not satisfied.

Court Disposition

Injunction discharged; application refused

Orders

  • Interim injunction granted on 30 September 2020 is discharged and will not be continued until trial or further order.