ASTON MARTIN LAGONDA LTD V AUTOMOTIVE INDUSTRIAL PARTNERSHIP LTD

Queen's Bench Division, Birmingham District Registry, Mercantile Court, HH Judge David Grant, 9 February 2009

Contract - Order for delivery up - Good arguable case - Balance of convenience

The applicant sought a mandatory order for delivery up of systems and tooling for manufacturing component parts of cars. The application was based on rights under a supply contract. David Grant J made an order for delivery up for the duration of seven days with permission to apply to vary or discharge for the defendant. The claimant had made a clear case that contractual rights existed. There was either a good arguable case or a clearly arguable case that the defendant was in breach of contract. There was a serious question to be tried; damages would be an inadequate remedy. Regarding the balance of convenience, if the court did not grant a mandatory injunction in the form sought, on the evidence it appeared that the production of particular motor vehicles at Aston Martin could come to a halt, with the obvious consequence that serious detrimental commercial consequences could ensue. The financial consequences for the defendant of granting the interlocutory order would be limited. The balance of convenience was therefore weighted towards granting the order.