Interim injunctions

Question 1

what is the purpose?

Answer 1

to provide urgent temporary relief before trial to preserve the status quo / prevent irreparable harm

Question 2

what is an injunction? what are the types? what is an interim injunction?

Answer 2

a court order prohibiting a person from doing something (prohibitor inj.) or requiring them to do something (mandatory inj.). It is an equitable remedy.

Interim inj. = an inj. for a certain period of time (usually until trial)

Question 3

regarding injunctions generally, when can the court grant one? what are the guidelines?

Answer 3

The court can grant an inj. when ‘just and convenient to do so’ (Senior Courts Act).

this is a wide discretion so the courts have created guidelines as to how this discretion should be exercised:
o C is delayed in seeking relief / acted inappropriately (equitable bars)
o Damages may be a suitable alternative
o Will not improve an inj. which is impossible, illegal or unnecessary

Question 4

what are the grounds for granting an interim injunction? what are the considerations under each?

Answer 4

Courts usually apply American Cyanamid v Ethicon principles:

1. Is there a serious issue to be tried? i.e.
    Case must not be frivolous or vexatious
    Must be an actual/threatened breach of rights
2. Would damages be an adequate remedy for either side?
3. Where does the balance of convenience lie? i.e.:
    Will it do greater damage to applicant or respondent?
    The extent of any disadvantage
4. • any special factors to the case?
      i.e. would an inj. effectively end the dispute?

Question 5

what happens if an interim injunction is grand before proceedings have been issued?

Answer 5

C must undertake to issue proceedings or court gives directions for commencement of claim (unless otherwise directed by the court)

Question 6

explain the position regarding notice

what happens if the application is made without notice?

Answer 6

an application can be made without notice, however the court would expect R to at least be told about the hearing unless secrecy is required

If granted, parties ordered to return to court + allow R to defend position

Question 7

when must an application made with notice be served?

Answer 7

asap after filing and not less than 3 days before the hearing

Question 8

what must be filed?

Answer 8

N244 + evidence + draft order

Question 9

what must the applicant do if successful? explain it.

Answer 9

Successful applicant will need to provide a cross-undertaking in damages

= a commitment to pay any damage suffered by D if the court decide the interim inj. was wrongly granted

Question 10

when does the interim injunction take effect?

Answer 10

on the day it is made or other date provided by the court

Question 11

what are the consequences for failing to comply?

Answer 11

risk of contempt of court