Posts Tagged ‘injunction’

Excluding damages for wrongful contract terminations: AB v CD

January 8th, 2014

A recent UK case addressed an important contract issue for IT lawyers. Will a limit of liability clause that prevents recovery of damages for a wrongful termination of an agreement be a ground for granting an injunction to prevent the irreparable harm associated with the breach for which full damages cannot be recovered? Alternatively, will the liability exclusion be accepted as the bargain reached by the parties for such breaches and not be a basis for a finding of irreparable harm? The court in AB v CD [2014] EWHC 1 (QB) (03 January 2014) considered that the latter position was the law, but expressed doubts as to its correctness.

Injunction to issue against IsoHunt in a busy month for the courts

April 2nd, 2010

There has been some confusion over whether an injunction has issued yet in the US IsoHunt case. In short, an injunction has not yet issued against IsoHunt. However, US District court Judge Stephen Wilson issued a tentative order on March 23, 2010 ruling that a permanent injunction is going to be made against IsoHunt.  A copy of the tentative judgment is available here.

The tentative order contains the judge’s ruling as to why the Court intends to grant a permanent injunction.  In summary, the Court stated that

  • The “Defendants’ inducement liability is overwhelmingly clear”.