Seele Middle East FZE v Drake & Scull International SA Co
2014
TECHNOLOGY AND CONSTRUCTION COURT
UK
CORAM
- THE HON MR JUSTICE RAMSEY
Areas of Law
- Intellectual Property Law
- Contract Law
- Civil Procedure
2014
TECHNOLOGY AND CONSTRUCTION COURT
UK
CORAM
AI Generated Summary
Seele sought an interim injunction against Drake & Scull concerning the use of proprietary documents. The dispute arose from a sub-contract for facade installation at a Riyadh project. The court found urgency in the application, continued the injunction to protect Seele’s commercially sensitive documents, and determined that the balance of convenience favored preserving Seele's intellectual property.
Judgment
Mr Justice Ramsey :
Introduction
On 11 December 2013 I granted an Injunction to the Claimant (“Seele”) on a without notice application under s.44 of the Arbitration Act 1996. I fixed the return date for 14 January 2014. By agreement between the parties that date was vacated and the return date fixed for 23 January 2014.
On the return date the parties were able to come to an agreement in relation to many of the issues but I was required to give a ruling on the continuation of the injunction restraining the Defendant (“Drake & Scull”) in relation to certain documents in the Seele’s site office. In this judgment I deal with my reasons for making that order.
Background
From the witness statements provided to the court the following background is apparent. In reciting what is contained in the witness statements I make no findings, on this application for interim relief, as to the correctness of those matters, to the extent they are disputed.
By an agreement dated 1 February 2011 Drake & Scull entered into a contract with Saudi Arabian Oil Company (“Saudi Aramco”) for the engineering, procurement and construction of the King Abdullah Petroleum Studies and Research Centre being built in Riyadh in the Kingdon of Saudi Arabia. The project is described as a flagship project to produce an iconic landmark in Riyadh and has been designed by the well-known architect, Zaha Hadid.
By an agreement effective as of 7 February 2011 (“the Sub-contract”) Seele agreed with Drake & Scull to produce, supply, deliver and install the façades to several of the buildings which make up the project. The works include the installation of glass fibre reinforced concrete panels. There was initially a purchase order agreement dated 18 June 2010 but this was novated to Drake & Scull pursuant to a deed of novation dated 7 February 2011.
The relationship between Seele and Drake & Scull appears to have deteriorated in 2013, with Drake & Scull contending that Seele was falling behind in carrying out the works and not committing to a revised façade completion programme and Seele contending, amongst other things, that they had not been properly paid under the terms of the Sub-contract.
In November 2013 following high level meetings between the management of Seele and the management of Drake & Scull, Drake & Scull issued a number of letters to Seele including one dated 27 November 2013 in which Drake & Scull noted that Seele had reduced its labour force so that installation of th