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INJUNCTIONS: Remedial work

11 April 2014  

Jeremy Glover reviews recent case law on interim injunctions

In the case of AB v CD [2014], the Court of Appeal had to consider a point of principle about the proper approach to the granting of interim injunctions. More specifically, the courts had to consider the impact of limitation of liability clauses when a party seeks an interim injunction. When deciding on whether to grant an injunction, the well-known principles set out by Lord Diplock in the case of American Cyanamid Co (No 1) v Ethicon Ltd [1975] will be applied. These include whether there is a serious question to be tried and whether damages would be an adequate remedy.

Additional Info

  • Case(s) Referenced:

    AB v CD [2014] EWCA Civ 229

    American Cyanamid Co (No 1) v Ethicon Ltd [1975] UKHL 1

    Bath and North East Somerset District Council v Mowlem plc [2004] EWCA Civ 115

    Ericsson AB v Eads Defence and Security Systems Ltd [2009] EWHC 2598 (TCC)

    Vertex Data Science Ltd v Powergen Retail Ltd [2006] EWHC 1340 (Comm)