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Commentary

36 Interim injunctions and the balance of convenience

CONFIDENTIALITY vol 12(3)

36 Interim injunctions and the balance of convenience

| Commentary

In English case law, interim decisions turn ultimately on the particular balance of convenience. In Saltman Engineering Co Ltd v Campbell Engineering Co Ltd1 no injunction was ordered, as the court was reluctant to destroy the tools in question. The confidential information was of no great value, and could have been easily recreated by an independent consultant. The defendants had also not behaved dishonestly and were only ordered to pay damages, calculated on the basis of a royalty, for products already manufactured, and to be manufactured in the future, with the

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