CH.8 Injunctions

Question 1

What case laid down guidelines on how the court’s discretion to grant an interim prohibitory injunction should be exercised in the usual type of case?

Answer 1

American Cyanamid Co v Ethicon Ltd [1975]

Question 2

Lord Diplock stated his guidelines in a threefold ‘test’

Answer 2

1. Is there a serious question to be tried?
   If the answer to that question is “yes”, then there are two further related
   questions to answer which are:-
2. Would damages be an adequate remedy for a party injured by the court’s
   grant of, or failure to grant, an injunction?
3. If not, where does the “balance of convenience” lie?