Source: All England Reporter
Publisher Citation: [2006] All ER (D) 53 (Oct)
Neutral Citation: [2006] EWHC 2433 (Comm)
Court: Queen's Bench Division (Commercial Court)
Judge:

Tomlinson J

Representation Simon Rainey QC and Nicholas Craig (instructed by Richards Butler) for the claimant.
  Michael Davey (instructed by Ince & Co) for third defendant.
Judgment Dates: 5 October 2006

Catchwords

Injunction - Interlocutory - Mandatory injunction - Storage of hazardous scrap metal - Claimant carrier being refused permission to deliver goods to third defendant because of radioactivity - Claimant seeking injunction before trial compelling defendant to store scrap metal - Whether injunction should be granted.

The Case

An application for an injunction prior to trial compelling the acceptance by the defendant of radioactive material being stored by the claimant was dismissed on the facts; the claimant's delay, inter alia, meant that the claimant should be confined in its remedy to damages.

Practice Areas

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