Injunctions: Define & Right to Assessment

Question 1

What does Section 37 Senior Courts Act, 1981 relate to?

Answer 1

Interim or final injunctions

Question 2

Section 37 (1) Senior Courts Act, 1981?

Answer 2

Injunctions can be interlocutory / interim or final

Question 3

Section 37 (2) Senior Courts Act, 1981?

Answer 3

injunctions can be made with conditions or unconditionally

Question 4

When can the High Court grant an injunction?

Answer 4

Where it is “just and convenient” to do so

Question 5

What type of remedy is an injunction?

Answer 5

An equitable remedy / discretionary / not available as a remedy of right

Question 6

What test did Americ issueCyanamid Co v Ethicon Ltd 1975 set out?

Answer 6

1. There is a serious
   issue to be tried.
2. Damages would be an adequate remedy.
3. Where the “balance of convenience”, lays?

Question 7

What does a serious issue to be tried mean? American Cyanamide Co v Ethicon 1975

Answer 7

That there are real prospects of success.

In relation to an interim injunction the claim has substance
It’s not frivolous or Vexatious
It is not necessary to show the final injunction is more likely than not to be obtained. 

Question 8

What consideration to the court give in American Cyanamid Co v Ethicon Ltd 1975 to damages being an adequate remedy?

Answer 8

1. Whether the damages are an adequate remedy from the applicants point of you
2. Consideration of the parties financial positions
3. Whether damages are an adequate remedy from the respondents point of you

Question 9

What did the court give consideration to when looking at the balance of convenience in American Cyanamid Co v Ethicon Ltd 1975 

Answer 9

The court is to weigh the respective inconvenience or loss to each party if an interim injunction is granted or not

Question 10

What FACTORS did the court consider when weighing up where the balance of convenience lays in American Cyanamid Co v Ethicon Ltd 1975

Answer 10

1. Deprivation of employment
2. Importance of preserving confidential information
3. Damage of goodwill to the business
4. And attitude and conduct of the parties

Question 11

Which CPR PD sets out the procedural rules for Interim injunctions

Answer 11

CPR PD 25A

Question 12

What power does CPR 44.1 provide the court with?

Answer 12

The Court has discretion to award costs.

CPR 44.1
a)  To determine where the cost of payable by one party to another?
b) if so, how much?
c) When costs are to be paid

Question 13

Which section and statue gives the court discretion to allow recoverability of costs in relation to injunction applications?

Answer 13

Section 51 Supreme Courts Act 1981

Question 14

Which part of the CPR provides the General Rule that the unsuccessful party pays the successful party’s costs?

Answer 14

CPR 44.2 (2) (a)

Question 15

What does CPR 44.2 (2) (b) allow the court to do?

Answer 15

The Court may make a different order relation to costs for example where there is no successful party