The Maritime and Commercial Court recently rejected a preliminary action for the alleged breach of an exclusive distribution agreement. This is the first case of its kind to establish that contractual disputes cannot invoke a right to render a preliminary injunction. The case also highlights the need to demonstrate that the plaintiff has a right on which to base an injunction, which can be difficult to illustrate for non-distinctive products.
The Maritime and Commercial Court recently found that a former managing director had violated his duty of loyalty when he stated that he had continued his sold company under a new name. The case centred on the question of whether the former company owner and managing director was entitled to a bonus pursuant to a purchase agreement entered into with the purchaser of his company.