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The High Court refused an application by a group of Italian companies for interlocutory injunctive relief compelling a technology company to restore their disabled advertising accounts and provide access to client billing records, pending the resolution of proceedings. The court found that the plaintiffs had not established a strong case for the mandatory interim relief sought, noting that the contractual terms allowed for account suspension without notice and that the plaintiffs had accepted responsibility for their clients' compliance but failed to demonstrate adequate monitoring or present evidence that the accounts were wrongfully disabled. The court also held that the plaintiffs' failure to act with reasonable expedition and the adequacy of damages weighed against granting relief. While recognising that the plaintiffs incurred substantial losses and inconvenience, the court concluded that these could be addressed by damages at trial and declined to order alternative relief for return of pre-paid monies or documents.
interlocutory injunction – mandatory relief – contract terms and conditions – account suspension – advertising platform – commercial dispute – prepayments – abuse of dominant position – estoppel – adequacy of damages – delay – Digital Services Act 2024 – Competition Act 2002 – RSC (Rules of the Superior Courts)
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