Injunctions (Comprehensive)

Question 1

1. Types of Injunction (1):

Answer 1

Prohibitory - restrains performance or continuance of a
wrongful act
Mandatory - require defendant to perform specific act e.g Shepard Homes v Sandham (1970)

Question 2

2. Types of Injunction (2)

Answer 2

Interim - Granted at an early stage when immediate relief is needed before the full trial. e.g BS v Minister for Justice and Equality, Ireland and the Attorney General (2020) restrained deportation until judicial review application was pending.

Interlocutory - Temporary, but granted after hearing both sides but before the trial to maintain status quo.

Question 3

3. Mareva Injunctions (Freezing Orders)

Answer 3

Purpose: prevent defendants from dissipating assets which may frustrate plaintiffs ability to recover damages

Test: 1) Arguable Case
2) Defendant intends to frustrate proceedings by moving assets out of the jurisdiction

Question 4

4. Mareva Injunction (2)

Answer 4

Ex Parte Relief: no prior notice needed
Global Reach: WFOs (worldwide freezing orders) but good arguable case and real risk of dissipation needed.

Freezing Order case: Gilligan v Ireland (2013) suspected criminal assets were frozen..

Question 5

5. Anton Piller Orders

Answer 5

Allows plaintiff to enter defendants premises before evidence is destroyed or hidden..

Test 1) Strong Prima Facie Case
2) Serious Damage
3) Real Risk of Destruction
Anton Piller KG v Manufacturing Processes Ltd [1975]

Question 6

6. Columbia Picture Industries v Robinson

Answer 6

(1987)

shows dangers of ex parte orders. Plaintiff did not disclose all relevant facts when seeking an order, which is a necessity for these orders. Also, exceeded scope of Anton Piller order by taking more than permitted.