18 Interim injunctions Flashcards

1
Q

Should the courts consider the merits of a case when deciding to grant an interim injunction?

A

No, unless:
• granting the II would fully dispose of the case or
• only as a last resort (after American Cyanamid)

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2
Q

What are the questions (principles) set out in the American Cyanamid case?

A
  1. In there a serious issue to be tried?
  2. Would damages be an adequate remedy?
  3. Where does the balance of convenience lie?
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3
Q

If damages would not be an adequate remedy for R, is this reasons for granting the order or refusing?

A

Refusing, as if the court grant the II and R suffers loses, these would not be able to remedied

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4
Q

If damages would not be an adequate remedy for A, is this reason for the II to be granted to refused?

A

Granted as if the II does not prevent R from taking a certain step, the damage A’s incurs cannot be remedied with £

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5
Q

What things should be considered when deciding 2. Would damages be an adequate remedy? (6)

A
  1. If R is unlikely to be able to pay damages awarded against her
  2. The damage is irreparable
  3. Damage does not translate to £
  4. No other available markets to re-buy what will be lost
  5. Damages difficult to assessment
  6. Wording in contract limits possible damages awarded to A
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6
Q

How does a court determine where the “balance of convenience lies”?

A

• weighs up position of each party. If the balance lies in neither parties favour, no II should granted
• status quo should be maintained i.e. each parties positions before issue arose

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7
Q

What else can counsel do after taking the court through the American Cyanamid principles?

A

Counsel can ask the court to consider special factors

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8
Q

What is a cross-undertaking and how are they used with regard to IIs?

A

If R has made a UT instead of II (i.e. sole and binding promise will do not or do what A wants). A must then make an UT that he will compensate R for any losses he suffered if A is not awarded the injunction at trial

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9
Q

In the face of an application from A for an II, or than contest the application, what can R do?

A

R can make a UT to do or not do what A is seeking in the II application

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10
Q

What if the court find there is not a serious issue to be tried?

A

The application will be dismissed, no II will be granted and the subsequent American Cyanamid principles will not be considered

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