LauritzenCool AB v Lady Navigation [2004] EWHC 2607
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:17:20 UTC
KEY POINTS
- To obtain a prohibitory injunction, the applicant must establish a prima facie case that damages would be an inadequate remedy and that the balance of convenience favours the granting of the injunction.
- The court analysed the evidence to determine whether there was a real issue to be tried, assessing the likelihood of success of the underlying claim. The court evaluated the balance of convenience by weighing the potential harm to both parties if an injunction were granted or denied.
- Factors such as the financial positions of the parties, availability of alternative options, and potential disruption to the respondent's business were considered in assessing the balance of convenience.
FACTS
- LauritzenCool AB, a Swedish company, entered into a charter party agreement with Lady Navigation, a Greek shipping company, for the transportation of perishable goods.
- A dispute arose between the parties regarding the performance of the charter party agreement.
- LauritzenCool AB sought a prohibitory injunction to prevent Lady Navigation from proceeding with the sale of the cargo.
Explore more about
LauritzenCool AB v Lady Navigation
COMMENTARY
- This case explores the application and scope of prohibitory injunctions in the context of international trade disputes. It highlights the principles and considerations involved in granting a prohibitory injunction in international trade disputes.
- The case underscores the need for prima facie evidence, the inadequacy of damages as a remedy, and a careful analysis of the balance of convenience. It serves as a useful precedent for parties seeking or opposing a prohibitory injunction in similar circumstances.
Any comments or edits about this case?
Get in touch Similar cases
Lauritzencool AB v Lady Navigation Inc
Plaintiffs were the contractual managers of boats as part of a fleet and CA granted them an injunction against Defendant from employing two of the ships managed by Plaintiff. CA said that even where...
Huyton v Peter Cremer
Plaintiff agreed to buy goods from Defendant and payment was to be made on presentation of valid shipping documents. There was some dispute as to the state of the documents of shipping since there we...
Sky Petroleum v VIP Petroleum
Claimant would buy all its petrol from the defendant who agreed to supply all the claimant’s needs. The defendants purported to terminate the contract at a time when supplies were limited and an inte...
Merkur Island Shipping v Laughton
Plaintiff refused to comply with ITF’s demands to pay staff European rates, so ITF ‘blacked’ Plaintiff’s ship, preventing it from leaving the harbour. Plaintiff sought an injunction against the black...
Factortame 2 R v Secretary of State for Transport ex. p. Factortame (No.2)
The process of reviewing national laws for compatibility with Community provisions involves preliminary rulings by the Court of Justice and the direct authority of national courts. This allows nation...
Related free notes samples
Ambitious and intelligent students
choose Oxbridge Notes.
- Customer Support
- Sellers FAQ
- Contact Us
- Privacy Policy
- Terms and Conditions
©2024 Oxbridge Notes. All right reserved.