Source: All England Reporter
Publisher Citation: [2001] All ER (D) 440 (Oct)
Court: Queen's Bench Division
Judge:

Cooke J
Representation Andrew Hochhauser QC and Martin Griffiths (instructed by Allen & Overy) for the claimant.
  Andrew Clarke QC and Jeremy Lewis (instructed by Fox Williams) for the defendant.
Judgment Dates: 31 October 2001

Catchwords

Injunction - Interim - Restraint of trade - Matters determinable at interim hearing - Claimant seeking interim injunction to enforce covenant in restraint of trade - Parties seeking determination of construction and enforceability issues - Whether appropriate to determine such matters at interim stage - Whether injunction to be granted.

The Case

It was not appropriate for the court to determine issues of construction and enforceability of a covenant on an application for an interim injunction where those issues could not be decided purely as matters of law, but required an exploration of all the surrounding circumstances. However, in the instant case, an interim injunction could be granted in limited terms to restrain specific breaches listed by the claimant.

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