Factors Governing The Granting of An Injunction As A Remedy and The Way In Which Conflicting Interests Are Balanced Flashcards
1
Q
Injunction
A
A court order to stop a person doing something or requiring a person to do something, commonly used in nuisance and trespass.
2
Q
The Supreme Court of Judicature Act 1925 s45
A
An injunction may be granted… in all cases in which it shall appear to the court to be just or convenient.
3
Q
What does the court weigh up before granting an injunction?
A
The social usefulness of activity against harm it causes the claimant.
4
Q
Injunction Case: Miller v Jackson
A
- Cricket played by local club D.
C’s home was near. - Several cricket balls hit into home and damaged it.
- C sued nuisance and brought an injunction to stop cricket.
5
Q
Injunction Case: Miller v Jackson Held:
A
C liable in negligence and damages for the damages to C’s home were granted. No injunction granted since social benefit outweighed C’s right to enjoyment without interference.
