A summary of the judgement from the darkside
Two Judges upheld the Appeal and one rejected it. Some of the language used is quite damning.
A quick read suggests to me that we cannot sue Elite for the money they owe but if they 'give' it to us we can accept it. Asking for what they owe us is, unbelievably, a breach of the Injunction put upon us to 'cease and desist' from the Elite/Hummel agreement.
If Elite sue us for their losses as a result of us breaching the contract then we can seek, through the Courts I assume, to argue that the money they owe us be used to offset anything they are claiming from us. No guarantee that would be accepted, of course.
So, potentially, we not only lose the cash Elite are due to us but face the prospect of Elite suing us for failing to fulfil the contract.
And then, of course, we await to hear what damages the Fat C*nt is due for winning his case that we breached the agreement with SDI when we went to Elite.
The Fat C*nt may well be a twat but he appears to have a top notch legal team to fight his battles for him.
Another bad day in Court.
@EndOfDays this extract gives a very brief summary:
"Demanding payment of, and if necessary suing for, a debt is an exercise in encouraging and procuring performance of the relevant payment obligation by the debtor, either by eliciting payment or converting the obligation into a judgment. For the reasons explained above, I consider that amounts to “assisting” performance within the meaning of the Injunction."