15 Interim Injunctions Flashcards
APPLICATIONS BEFORE PROCEEDINGS
When MAY the court grant an interim injunction?
before a claim form = issued where:
- No rule or PD prohibits order
- Matter is urgent or desirable in interests of justice
- Where applicant is intended D, D must obtain court’s permission. D MUST file acknowledgement of service or defence before applying for permission.
What does URGENCY mean?
MUST be “good reason” for departing from gen rule of “3 clear days’”. Even without notice app – A must give other side some notice, e.g. telephone unless secrecy = essential. D who is notified this way, MAY attend hearing notice as “opposed hearing without notice”. Last resort – Court makes order without draft
What format is required for an interim injunction?
- Title of proposed claim;
- Full name of A;
- (As A not party yet), A’s address
- Specification for hearing/without hearing.
What must an interim injunction include?
Application notice MUST:
- State order sought; and
- Give date, time + place for hearing.
What happens if there is real urgency?
– court MAY dispense with application notice. If so, only for initial hearing, and court will norm require: undertaking for A to file application notice + pay fee on same or next working day. Application for Interim Remedy (IR) MUST be supported by evidence, unless court orders otherwise. App should be made in court where substantive proceedings likely UNLESS: “good reason to make app to different court”. Pre-action interim injunctions = norm dealt @ hearing without full notice. Norm heard before other matters listed. If sufficiently urgent = court MAY interrupt + hear it. Extreme urgency = MAY be dealt with by phone – but available only to solicitor or counsel.
What if pre-action order is granted?
court MAY give direction requiring claim be commenced. Order MUST contain:
- Statement of right to apply to set aside/vary order within 7 days after served.
WHat happened if applications for II during proceedings?
How to do it?
issue app notice by written evidence. Norm provide electronic draft + skeleton. Service effected ASAP, or not less 3 clear days before hearing. R should disclose evidence at least 3 clear days to avoid adjournment.
What evidence is required to support the interim injunction?
MUST be supported evidence covering:
- Substantive issues;
- If app without notice, explain why notice not been given.
- Set out facts which A relies
Unless court/Act requires affidavit, evidence to be:
- By witness statement
- Set out in app, provided verified by SoT;
- Set out in statement of case, provided verified by SoT
When should service of the interim injunction be granted?
Draft order should be attached. Written evid in support. Service MUST be effected ASAP + at least 3 clear days before hearing unless:
- Secrecy (freezing injunction);
- Urgency
- OO furthered
- Consent
- Permission of court
- Court order, rule or PD permits.
Usually need skeleton argument.
For an interim injunction, what is needed 24 hours before the hearing?
Statement of costs
For interim injunctions.
where it is a without notice application what must be done?
A has duty of full + frank disclosure. App can be made by telephone. Unless app secret, A has duty to give informal advance notice to R. A MAY have to give additional undertakings.
What happens at a hearing of interim injunction applications?
Will they be public/rpivate?
Norm in public, exceptionally will be in private where:
- Hearing involves confidential information; or
- Interests of children or protected parties.
PRINCIPLES – II is equitable relief, so @ court’s discretion. HC MAY grant injunction or appoint receiver where just + convenient. Injunctions are REMEDIES, so MUST have substantive cause of action.
What are the American Cyanamid guidlines?
(prohibitory injunction) – how court’s discretion should be exercised. Apply OO + grant injunction if “just + convenient”.
- Serious question to be tried
- Adequacy of damages to the applicant
- Applicant’s undertaking in damages being adequate protection
- Balance of convenience
- Status quo
- Special factors
- Merits of the claim
7 steps a judge could go through to grant prohibitory injunction.
What is a “serious question to be tried”?
MUST be satisfied cause of action has “substance and reality”.
In American Cyanmid, what is the adequacy of damages to applicant?
damages inadequate if:
- D unlikely to pay this;
- Wrong is irreparable;
- Damage is non-pecuniary;
- No available market
- Damages would be difficult to assess (loss of goodwill/reputation);
- Liquidated damages provided by term of contract = lower than provable actual loss suffered through breach of contract.