Sentences with phrase «grant injunctive»

The court agreed to grant this injunctive relief, noting that the defendants had conceived a ruthless plan to «rip the heart out» of the claimant's relevant underwriting and claims teams.

The Court of Appeal dismissed the defendants» appeals, and held that the court had the jurisdiction to grant injunctive relief where passing off was established or threatened.

One of the most important factors in the court's decision to grant injunctive relief was the plaintiff's showing that it will likely succeed on the merits of the case.

The English courts will also grant injunctive relief to restrain breaches of an arbitration agreement even where the applicant has no intention of commencing arbitration (AES - UST Kamenogorsk Hydropower Plant LLP v UST - Kamenogorsk Hydropower Plant JSC [2013] UKSC 35).

They are bolstering the powers of the Competition Appeal Tribunal to streamline the litigation procedure before it and to grant injunctive relief.

The Court of Appeal refused to grant the injunctive relief sought by the claimant and held that the major factors relevant to the court's discretion were: - the extent to which damages were likely to be an adequate remedy for each party, and the ability of each party to pay; - the balance of convenience; - the maintenance of the status quo; and - any clear view the court was able to reach about the relative strength of each party's case.

The Court of Appeal refused to grant injunctive relief on the basis that the claimant's case was arguable in some respects but weak in others, and it was impossible to determine its merits at the interlocutory stage.

These include the widely reported landmark case before the Court of Appeal of Samengo - Turner & Others v Marsh & McLennan, in which the Court of Appeal granted injunctive relief to prevent a team of London reinsurance brokers being sued in the US.

Not exact matches

On January 17, 2012, Judge Carol E. Jackson of the U.S. District Court, Eastern District of Missouri granted the SEC's request for emergency injunctive relief (including an asset freeze and appointment of a receiver) against Burton Douglas Morriss as well as several investment management companies and private equity funds operated by Morriss in response to the SEC's complaint alleging that Morriss misappropriated more than $ 9 million in investor assets from 2005 through 2011.

However special considerations apply to the grant of interim injunctive relief where the dispute involves a conflict between private and public interests, especially where damages are not a primary remedy for either party.

«Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.»

However, in unanimous decision, the appeal court upheld the argument of the counsel to the Attorney - General of the Federation, Chief Emeka Ngige (SAN) that Justice Abang was held in error in granting some of the injunctive reliefs sought by Kashamu upon inadmissible evidence.

Given the pervasive nature of the material concerning the plaintiff throughout the contents of deepcapture.com, the plaintiff's undertaking as to damages and the temporal limit I have placed on the injunctive relief I am granting, I have concluded on balance that it is appropriate to grant the relief sought in relation to Google Inc. and Google Canada as well.

(i) A freezing order will be granted more readily after judgment than before; it is sufficient for the grant of relief that there is a real risk that the judgment will remain unsatisfied if injunctive relief is refused; (ii) there is no reason why the court should not exercise a power to appoint a receiver by way of equitable execution over future receipts from a defined asset.

The substantial success of the plaintiff is clearly demonstrated by the large amount of damages awarded, the finding by the jury that the defendant acted maliciously and the total injunctive relief being granted.»

Reported cases include: Gill v Meyers (reasonableness and UCTA), Films Rover v Cannon Film Sales (test for grant of mandatory interlocutory injunction), Standard Chartered Bank v PNSC and others (for SGS); Mattis v Toussaint (acted for defendant in successfully resisting claim for finder's fee in respect of stolen painting), Yukong Lines v Rendsburg — The Rialto (tortious conspiracy and ancillary injunctive relief against controller of corporation), REC v Thames Water (test for grant of interlocutory injunction in field of electricity supply), De Molestina and Others v Ponton (acted for defendant in successfully rescission of share distribution agreements), and Marubeni Corporation v Government of Mongolia (claim on state guarantee)

On the other hand, Chinese courts have been effective in regard to providing injunctive relief, and there has been relatively little procedural wrangling with regard to the granting of injunctions in China compared to most other litigation.

Nevertheless, courts have generally rejected efforts to use copyright to prevent publication (so called «prior restraint») and required rights holders to seek injunctive relief — accompanied by sufficient proof to support the grant of relief.

Such activity, if unlawful under statute, may also give rise to statutory civil remedies for the victim, including a statutory civil cause of action or grounds for injunctive relief to be granted by the courts.

In particular, Jeremy was the successful Junior Counsel for Scott Law in the Court Appeal, in the leading case of RBS v Highland, where the Court found that the «unclean hands» of RBS meant it should not be granted anti-suit injunctive relief, despite an exclusive jurisdiction clause.

All Scottish and Northern Irish judgments, granting both monetary and non-monetary relief (including injunctive relief and declarations) are recognisable and enforceable in England and Wales under the Civil Jurisdiction and Judgments Act 1982.

For example, it may be necessary to delay when the company has a claim for injunctive relief against individuals, to avoid assets being dissipated in advance of a freezing order being granted.

Whether or not any of the Claimants are entitled to equitable including injunctive relief and the terms on which any such relief should be granted

Following the Regan principles there is no reason why injunctive relief should not, prima facie, be granted.

Most provincial domestic arbitration statutes in Canada contain provisions granting to an arbitrator the jurisdiction to award injunctive relief.