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

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
back-to-top-scroll