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

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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