D - Damages adequate
23/8/17
WEST END COMMERCIAL LIMITED v LONDON TROCADERO (2015) LLP [2017] EWHC 2175 (Ch)
The court refused to continue an interim injunction restraining termination of a licence to occupy premises. On the current state of the law, (set out in Thorner v Major, 2009) proprietary estoppel could not be relied upon to support a claim to a contractual licence which did not confer a proprietary interest in property. Nor had detriment been made out on the facts of the case. Damages would also have been an adequate remedy.
6/3/14
Where recoverable damages were limited or excluded by a contractual provision, an applicant for an interim injunction can properly argue that damages would not be an adequate remedy for a threatened breach of contract.
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