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11 October 2013
Issue: 7579 / Categories: Case law , Law digest , In Court
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Procedure—Injunction pending appeal

Peel Land and Property (Ports No.3) Ltd v TS Sheerness Steel Ltd [2013] EWHC 2689 (Ch), [2013] All ER (D) 15 (Oct)

The legal principles to be applied to an injunction pending appeal were the same as those which applied when a court was asked to grant an interim injunction at an early stage in the proceedings pending the trial of those proceedings. The judgment in Novartis AG v Hospira UK Ltd [2013] All ER (D) 297 (May) did not lay down a more onerous test for an injunction pending appeal as compared to an injunction pending trial. On the authorities, where there was no arguable defence to the application for interim relief, the applicant did not need to show that the breach of contract was causing uncompensatable damage. For the purposes of interim relief, it would normally not be enough to justify intervention from the court that the claimant had a right to have nominal damages for an interference with the rights of his claiming. A claimant for a freezing injunction would have to show

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

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Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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