Injunctions Flashcards
Statute and Section: Procedure for interim injunction, may be interlocutory or final, High Court may grant where just and convenient
Section 37 of Senior Court Act 1981
PD: Sets out procedural rules on interim injunctions
PD 25A
Case: Court must consider (a) if there is a serious issue to be tried, (b) whether damages would be an adequete remedy, (c) where the balance of convenience lays
American Cyanamid v Ethicon Ltd. 1975
General Rule: Basis for costs if injunction granted on balance of convenience
Costs should be reserved
General Rule: Basis for costs if Defendant successfully resists application for injunction
Claimant generally will pay costs of application
General Rule: Basis for costs if application is “quia timet” (to prevent future harm”)
Costs decided on facts of claim/how necessary
Case: Where interim injunction granted, Court will normally reserve costs
Desquenne et Giral UK Ltd. v Richardson 1999
Case: Must consider reserved costs and whether injunctions were not appropriate at the trial stage
Kickers International SA v Paul Kettle Agencies 1997
Case: Costs generally reserved where injunction is on balance of convenience, but Court has discretion to not reserve costs and take another approach
Picnic at Ascot v Derigs 2001
Case: Where not possible to measure the success of an application, reserve costs and consider each case on own facts
Hospital Metalcraft v Optimus British Hospital Metalcraft 2015
Case: Applicant needs to justify action, must have sufficiently strong probability that the injunction is required to prevent harm
Merck Sharp Dohme Corp. v Teva Pharma BV 2013
Case: Court of Appeal reaffirmed general rule of reserving costs, rejected that “modern practice is pay-as-you-go”
Digby v Melford Capital 2020
PD/Para: Summary assessment is the usual procedure for Interim Applications disposed of in no more than a day
PD44 Paragraph 9.2
PD/Para: Duty of parties to assist judge in making summary assessment of costs
PD44 Paragraph 9.5(1)
PD/Para: Each party who intends to claim costs for an application must prepare Statement (N260) or Schedule of Costs
PD44 Paragraph 9.5(3)
PD/Para: N260 to be filed not less than 48 hours (Fast Track) or 24 hours (other) before hearing
PD44 Paragraph 9.5(4)
PD/Para: Failure to comply with N260 requirements will be considered when addressing costs
PD44 Paragraph 9.6
Case: No N260 filed, no costs allowed
Williams & Wayne Hardy Builders 2014
Case: Late N260 should not deprive a party of costs entirely
MacDonald v Taree Holdings 2000
Case: No prejudice for failure to produce statement of costs before directions hearing, may take statement of costs into account
Tribe v Elborne Mitchell LLP 2021
CPR: Procedure for assessing Injuction Costs (either Detailed Assessment or Summary Assessment)
CPR 44.6
