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Averment that car rental business will have to cease trading if not granted injunction does not withstand scrutiny

By: Ian Fitzharris BL

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High Court refuses application for interlocutory injunction restraining interference with plaintiff's business model to supply rental cars at airport, on the grounds that, despite the identification of several fair issues to be tried concerning alleged abuse of a dominant position, the court is satisfied that the applicant has failed to establish that damages would not be an adequate remedy were it to succeed at the hearing of the action and, on the balance of probabilities, an averment that the plaintiff will have to cease trading if it is not granted the injunction does not withstand scrutiny.

Interlocutory injunction - application to restrain interference with plaintiff's business model to supply rental cars for users at airport - proceedings centra on alleged unlawfulness of defendant's methods to generate and maximise income from concessions for car rentals - fair issue to tried at plenary hearing - abuse of dominant position - public law claim based upon lawfulness of bye-laws established - abuse of fair procedures in exercise of powers of airport police - plaintiff's business model - application to restrain defending from interfering with plaintiff's access to and use of short-term car parks to collect its customers - adequacy of damages - status quo - core questions - probability of success at plenary trial test - plaintiff will not be forced to cease trading on balance of probabilities if injunction refused - damages ascertainable at present - injunction refused - directions granted to facilitate early hearing and to grant certainty to commercial activities.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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