Injunctions and conflicts of interest Flashcards
1
Q
What is an injunction
A
a court order prohibiting someone from doing something or requiring someone to do something
2
Q
Supreme Court of Judicature Act 1925 states in s 45 …
A
That ‘an injunction may be granted… in all cases in which it shall appear to the courts to be just or convenient’
3
Q
What will the courts weigh up?
A
The social usefulness of the activity against the ‘harm’ it is causing the claimant.
4
Q
Miller v Jackson
A
Cricket club, nuisance. Claimant won but injunction not granted due to loss to community.
5
Q
Kennaway v thompson
A
Overruled miller v jackson basically. Only miller v jackson in limited circumstances
