SGS 9: Interim Injunctions Flashcards
What is an interim injunction?
- a temporary injunction granted before trial. It usually lasts until the parties’ rights and obligations are decided at trial.
What is a discretionary interim injunction?
- court has complete discretion even if all requirements met
What is an equitable interim injunction?
- court must consider equitable principles e.g. Clean hands, delay, not acting in vain.
Why would a without notice application be given?
Where giving notice would enable the defendant to take steps to defeat the purpose of the injunction or where there is no time to give notice.
WITHOUT NOTICE application - what is Applicants duty to the court?
- Duty to investigate the facts & fairly present evidence on which he relies.
- Must disclose fully to the court all matters relevant to the application, including those matters which may be adverse to it.
- Must explain why notice was not given.
WITHOUT NOTICE application - what should A provide to R after the hearing?
- The application notice, evidence in support and draft order
- along with a note of what took place at the without notice hearing.
WITHOUT NOTICE application - what must A give an undertaking to do?
- Undertaking to serve on the respondent the relevant documents (see flowchart above).
- Also an undertaking as to damages and costs
- (e.g. to 3P and to compensate R for any loss caused by a wrongly-granted injunction).
What are the 6 advantages of injunctions?
- Good for high stakes litigation
- Freezing injunction: Ensures that there is a ‘pot of assets’ to enforce against if successful at trial
- Prohibitory injunction: Maintains your client’s position pending final resolution of the parties’ dispute at trial
- Psychological effect on R – serious restrictions and inconvenience – affects creditworthiness of R.
- May promote settlement
- Breaching the terms of an injunction may result in the respondent facing contempt of court proceedings. This is punishable by a fine and/or imprisonment.
What is an interim prohibitory injunction?
- CPR 25.1(1)(a)
- A court order prohibiting a person from doing something.
- To protect a legal position until a full determination of the issues can occur.
Which balance needs to be achieved with interim prohibitory injunctions?
Must be a balance between need to reduce the risk of harm to lawful rights pending litigation and the imperative of impartiality which argues for non-interference prior to final judgment.
What are the American Cynamid guidelines for IPI’s?
Claim not frivolous / vexatious
Would damages be adequate remedy for injured party?
Balance of convenience
Status quo ante?
Merits of case
What are the 4 exceptions where the American Cynamid guidelines may not apply?
- Restraint of trade cases
- Final disposal of claim
- No defence
- Privacy claims
What are freezing injunctions? What is their purpose?
- Definition in CPR 25.1(1)(f)
- Stops R from removing assets within the jurisdiction out of the country,
- or from dealing with assets whether within the jurisdiction or not.
When are freezing injunctions usually applied?
- Usually applied for without notice because with notice would defeat the point.
- Freezes the individual, not the assets.
What is the leading case for freezing injunctions?
- Mareva v International Bulk Carriers = guidelines
