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Flashcards in CH.8 Injunctions Deck (2)
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1

What case laid down guidelines on how the court’s discretion to grant an interim prohibitory injunction should be exercised in the usual type of case?

American Cyanamid Co v Ethicon Ltd [1975]

2

Lord Diplock stated his guidelines in a threefold ‘test’

1. Is there a serious question to be tried?
If the answer to that question is “yes”, then there are two further related
questions to answer which are:-
2. Would damages be an adequate remedy for a party injured by the court’s
grant of, or failure to grant, an injunction?
3. If not, where does the “balance of convenience” lie?