header-logo header-logo

03 December 2009 / Tom Webb , John Ogilvie
Issue: 7396 / Categories: Features , Commercial
printer mail-detail

Trouble brewing

John Ogilvie & Tom Webb explain how & when the courts will enforce non-compete provisions by injunction

Interim injunctions are frequently sought by commercial parties to prevent proposed transactions which are allegedly in breach of existing contractual obligations.

They are often sought in circumstances of urgency and are intended to preserve the status quo, ie to stop a transaction from occurring or being carried into effect, pending a full trial as to the merits of the allegations of breach.

Injunctions are discretionary remedies. There are several considerations which the court will take into account when deciding whether to grant an interim injunction:

Is there a serious question to be tried should it be established at a later date that the injunction should not have been granted?

If so, would the claimant be adequately compensated by an award of damages and would the defendant be in a financial position to pay them? If the answer is yes in both cases, no injunction will normally be granted.

If not, would the defendant be adequately compensated

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
back-to-top-scroll