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Injunction – Interlocutory. The claimant musicians sought an interim injunction or specific performance to require the defendant Royal National Theatre to continue to engage them in the production of War Horse. The Queen's Bench Division, in dismissing the application, held that, although there was a serious issue to be tried on the question of whether the Royal National Theatre had been contractually entitled to terminate the claimants' contracts on the grounds of redundancy, specific performance or a mandatory injunction would not be granted at trial. It further identified the previously unconsidered significant role of the right to artistic expression, protected by art 10 of the European Convention on Human Rights, in considering the claimants' prospects at trial and the balance of convenience.
Injunction – Interlocutory. The claimant musicians sought an interim injunction or specific performance to require the defendant Royal National Theatre to continue to engage them in the production of War Horse. The Queen's Bench Division, in dismissing the application, held that, although there was a serious issue to be tried on the question of whether the Royal National Theatre had been contractually entitled to terminate the claimants' contracts on the grounds of redundancy, specific performance or a mandatory injunction would not be granted at trial. It further identified the previously unconsidered significant role of the right to artistic expression, protected by art 10 of the European Convention on Human Rights, in considering the claimants' prospects at trial and the balance of convenience.
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