Equitable remedies: Injunctions

Question 1

the jurisdiction to grant an injunction is governed by…

is subject to the Civil Procedure Rules 1998 and supplemented by practice directions

Answer 1

s37(1) SCA 1981

Question 2

a … injuction prevents someone from doing something or requires them to stop doing it

Answer 2

Prohibitory

Question 3

a … injunction compels a person to undo a wrong

Answer 3

Mandatory

Question 4

an … injunction is a temporary measure that maintains the status quo until the trial of the action

Answer 4

Interim

Question 5

a … injunction is granted after the claimants right has been established and is “final” in the sense that it settles the dispute between the parties

Answer 5

Final

Question 6

the right protected must be one known to law or equity

Answer 6

Day v Brownrigg

Question 7

an injunction can be used to restrain a breach of trust, such as a distribution inconsistent with the terms of a trust

Answer 7

Fox v Fox

Question 8

an injunction can be used to prevent the commission of a tort, such as nuisance

Answer 8

Dennis v MOD

Question 9

an injunction can be used to restrain a breach of confidence arising from a commercial or personal relationship

Answer 9

Argyll v Argyll

Question 10

an injunction can be used to restraint an act which is illegal or detrimental to the public including public nuisance

Answer 10

Attorney General v PYA Quarries

Question 11

where a planning authority had been influenced by the public benefit of an activity in its decision to award planning permission, this may be a reason for an injunction to be refused

Answer 11

Coventry v Lawrence

Question 12

a prohibitory final injunction will be granted where damages are inappropriate or inadequate

Answer 12

Express Newspapers v Keys

Question 13

prohibitory final injunctions will not be granted for trivial matters

Answer 13

Armstrong v Sheppard and Short

Question 14

the court ordered damages rather than an injunction where the claimants rights had been infringed to a moderate degree and could be compensated for by a small money payment

Answer 14

Tamares Ltd v Fairpoint Properties Ltd

Question 15

hardship to the defendant may lead to the refusal of the injunction

Answer 15

Wrotham Park v Parkside Homes

Question 16

case giving principles the courts apply when granting interim injuctions

Answer 16

American Cyanamid v Ethicon Ltd

Question 17

special factors considered - public interest is particularly prominent

Answer 17

Express Newspapers v Keys

Question 18

laddie J stressed that the American Cyanamid principles were not strict rules, but guidelines for the court to exercise in its discretion

Answer 18

Series 5 Software v Clarke

Question 19

American Cyanamid does not apply to mandatory interim injunctions - the court must feel a high degree of assurance that what it is doing is correct

Answer 19

Shepherd Homes v Sandham

Question 20

Defences to injunctions - delay (laches)

Answer 20

HP Bulmer v J Bollinger SA

Question 21

Defences to injunctions - Acquiescence

Answer 21

Shaw v Applegate

Question 22

Defences to injunctions - conduct of the claimant

Answer 22

Argyll v Argyll

Question 23

Damages awarded in lieu of an injunction - jurisdiction

Answer 23

s50 SCA 1981

Question 24

Damages under s50 SCA 1981 are applicable if the loss is completely equitable

Answer 24

Baxter v Four Oaks Properties

Question 25

Guidelines for when the court may order damages in lei of an injunction:

1. the injury to the claimant is small
2. it is capable of being estimated in monetary terms
3. the injury would be adequately compensated by a small payment
4. it would be oppressive to grant an injunction

Answer 25

Shelfer v City of London Lighting

Question 26

the Supreme Court took the view that Shelfer was outdated and ought not to be applied in a way that fetters the courts discretion to award damages instead of an injunction in any case it sees fit

Answer 26

Coventry v Lawrence

Question 27

jurisdiction for Search Orders

Answer 27

s37 SCA 1981

Question 28

search orders allow claimants to enter premises to inspect documents relating to electronic equipment to prevent improper use of confidential information

Answer 28

Anton Piller KG v Manufacturing Processes Ltd

Question 29

jurisdiction for Freezing Injunctions

Answer 29

s37 SCA 1981

Question 30

Specific guidelines for Freezing Injunctions:

1. the injunction is not limited to money
2. the court should favour the grant if it is likely to compel the defendant to provide security
3. full and frank disclosure of all material matters is required
4. the applicant should give grounds for believing that the defendant has assets in the jurisdiction
5. the applicant should give grounds for believing that there is a risk that the assets will be removed before the claim is satisfied and there is therefore danger of default
6. the applicant must give an undertaking to pay damages

Answer 30

Third Chandris Shipping Corp v Unimarine

Question 31

a freezing injunction can be made in relation to foreign as well as domestic assets of the defendant

Answer 31

Republic of Haiti v Duvalier

Question 32

the court can also grant a freezing injunction in support of foreign proceedings

Answer 32

s25 Civil Jurisdiction and Judgements Act 1982

Question 33

Requirements for rectification:

• a prior firm agreement and accord
• a common intention to that effect that continued up to the execution of the agreement
• evidence that the agreement did not reflect that common intention of the parties
• an issue between the parties that has to be resolved by the court

Answer 33

Toronto-Dominion Bank v Oberoi