Factors Governing The Granting of An Injunction As A Remedy and The Way In Which Conflicting Interests Are Balanced

Question 1

Injunction

Answer 1

A court order to stop a person doing something or requiring a person to do something, commonly used in nuisance and trespass.

Question 2

The Supreme Court of Judicature Act 1925 s45

Answer 2

An injunction may be granted… in all cases in which it shall appear to the court to be just or convenient.

Question 3

What does the court weigh up before granting an injunction?

Answer 3

The social usefulness of activity against harm it causes the claimant.

Question 4

Injunction Case: Miller v Jackson

Answer 4

• Cricket played by local club D.
  C’s home was near.
• Several cricket balls hit into home and damaged it.
• C sued nuisance and brought an injunction to stop cricket.

Question 5

Injunction Case: Miller v Jackson Held:

Answer 5

C liable in negligence and damages for the damages to C’s home were granted. No injunction granted since social benefit outweighed C’s right to enjoyment without interference.