||All England Reporter
|| All ER (D) 06 (Jan)
|| EWHC 1 (QB)
||Queen's Bench Division
Mr Justice Stuart-Smith
||Michael Taylor (instructed by Lewis Silkin LLP) for the claimant.
||Terence Bergin (instructed by Kemp Little LLP) for the defendant.
||3 January 2014
Arbitration - Injunction - Interim injunction - Claimant seeking injunction to restrain defendant terminating agreement pending arbitration - Claimant contending damages inadequate remedy due to clause of agreement limiting damages - Whether injunction should be granted - .
Arbitration Injunction. The claimant applied, under of the Arbitration Act 1996, for an injunction to restrain the defendant from terminating a licence agreement pending the resolution of arbitration. The Queen's Bench Division, in dismissing the application, held that there was a serious issue to be tried as to whether or not the proposed termination was wrongful and ineffective. However, the claimant was unable to show that damages were an inadequate remedy, as it was not unjust to the claimant to exclude the effect of a clause potentially limiting damages when considering whether or not it should be left to its remedy in damages.
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