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Trouble brewing

03 December 2009 / Tom Webb , John Ogilvie
Issue: 7396 / Categories: Features , Commercial
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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

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NEWS
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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