The effect of delay on interim injunctive relief: Traylen v Amiga Homes Limited (QBD)

15.06.2020

The Queen’s Bench Division has handed down an ex tempore judgment in Traylen & Traylen v Amiga Homes Limited LTL 12/6/2020 EXTEMPORE : [2020] 6 WLUK 155 Document No.: Case Law – AC5011799. The Applicants had sold land to a developer, who had built 6 houses, one of which was for the Applicants (‘the New House’). The Applicants sought an interim injunction to prevent the sale of various of the other plots whilst their claim for breach of contract in relation to the New House was litigated.

Mrs Justice Tipples dismissed the application, which applied the usual ‘American Cyanamid’ principles. The learned Judge held that damages would be an adequate remedy for the Applicants, but went on to consider the test under the ‘balance of convenience’ in any event.

The Court held that the balance of convenience would have strongly favoured refusing to grant the injunction. However, the case is significant as it is one of those rare cases in which the Court opined that the delay that had occurred in bringing the application would itself have been sufficient to prove fatal to the application.

Jonathan McNae appeared on behalf of the successful Respondent by remote video link.

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