B v D: commercial intention leads to no injunction

By Philip Bell

Earlier this month, the High Court considered the question of whether a party should be entitled to an injunction preventing another party from terminating a licensing agreement in circumstances where such a termination would result in the likely cessation of one party’s business.

The parties (left anonymous owing to the claimant’s commercial concerns) had entered into a licensing agreement by which the claimant was licensed to market and provide support for an eMarketplace, an online platform used to buy and sell goods in the mining, metals and connected industries.

The agreement had particular significance for the claimant because it had only one customer and no other source of income, meaning its business was entirely dependent upon the agreement. The termination of the agreement would therefore lead to the probable closure of its business…

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