American Cyanamid Co v Ethicon Ltd [1975] UKHL 1 – Page 2 – Law Journals

Injunctions: Holding the balance

David Sawtell reviews recent guidance on the American Cyanamid test ‘Whether or not damages will be an adequate remedy for either party is, in practice, often difficult to assess. The court will therefore have to predict whether granting or withholding an injunction is more or less likely to cause irremediable prejudice.’Applications for interim injunctions are …

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Practice: In suspense

John Houlden and Richard Binns report on Edenred ‘The English courts are now perhaps more willing to maintain automatic suspensions than they have been in the past, particularly if there is a swift expedited trial, providing more balance to potential challengers.’The English High Court has stayed another contract award, perhaps indicating an increased willingness to …

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Dispute Resolution: Time, tide and procurement

Helen Prandy charts the rise and fall of English common law principles in procurement challenges ‘Certainly those urging the English courts not to lift an automatic suspension relied heavily on the wording of the Remedies Directive and the OCS case.’All in all, 2014 was an interesting year for those involved in procurement disputes, with several …

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Update: Playing by the rules

Deborah Ramshaw and Emma Dewar outline two recent cases of note for practitioners ‘In applying the American Cyanamid principles, the court concluded that there was a serious issue to be tried, damages would not be an adequate remedy, and the balance of convenience lay in favour of not lifting the suspension.’October 2014 has seen two …

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Landlord Repairs And Quiet Enjoyment: Parity not priority is Paramount

Nikolas Ireland analyses a case requiring the court to balance the competing interests of the parties to a lease ‘While the focus of the court was on the application for injunctive relief, one eye was firmly on the bigger picture and whether the covenant of quiet enjoyment would be breached by the landlord’s proposed method …

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Injunctions: Remedial work

Jeremy Glover reviews recent case law on interim injunctions ‘The primary commercial expectation must be that the parties will perform their obligations. The expectations created by an exclusion or limitation clause are expectations about what damages will be recoverable in the event of breach, something rather different.’ In the case of AB v CD [2014], …

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Employee Competition: Getting restrictions right

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Catherine Taylor and Dominic Holmes look at some important lessons to be learned from a recent decision on team moves CEF based its case of unlawful advantage on a claim for conspiracy to injure. The High Court determined that there was no evidence to support conspiracy to injure, which is a very serious tort that …

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Update: Security services

Jack Haywardcontinues his round up of the high (and low) lights in the procurement arena The defendant council formed the view that the Note constituted a qualification or caveat (which was not permitted under the Invitation to Tender) and that the bid should, therefore, be rejected on that basis.I was having a drink one evening …

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Remedies: All change?

Dr Totis Kotsonis examines the remedies regime and considers the question of how effective this really is ‘The implementation of Directive 2007/66/EC into UK law, and the further amendment of the procurement legislation, have led to the transformation of the remedies system available for breaches of UK public procurement law.’For a long time, the remedies …

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Procurement: Taking the high road

In the first of a regular feature, Jack Hayward takes a sideways look at the highs and lows of procurement practice ‘Until we see the draft regulations we can only speculate as to how the government proposes to reconcile the desire to promote local interest with the Public Procurement Regulations 2006.’In the late 1990s I …

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