Injunctions - Specific Circumstances

Question 1

To Restrain a Breach of Contract

Doherty v Allman [1878]:

Answer 1

Suggests a prohibitory interlocutory injunction to enforce a negative contractual
undertaking will issue as a matter of course and without regard to the balance of convenience.

Question 2

To Restrain a Breach of Contract

Metropolitan Electric Supply v Ginder [1901]:

Answer 2

An agreement to buy all electricity requirements from P was construed as a positive undertaking not to buy electricity from another. Injunction granted.

Question 3

To Restrain a Breach of Contract

Shepherd Homes v Sandham [1971]

Answer 3

• D covenanted not to build a fence. Breached. Sought mandatory inj compelling removal of fence.
• Refused: courts will exercise judicial discretion against mandatory injunctions more often than against prohibitory.

Question 4

To Restrain a Breach of Contract

Dublin Port v Britannia Dredging [1968]

Answer 4

• P given int inj to restrain D removing equipment from site where D undertook to work.
• Satisfied D agreed to negative term not to remove equip + breach imminent. Said court not concerned w balance of convenience or the amount of damage.

Question 5

To Restrain a Breach of Contract

Premier Dairies v Doyle [1996]

Answer 5

• P sought to enforce distribution agreement against milkmen that gave them exclusivity.
• HC applied Britannia Dredging and granted inj. SC upheld but other reasoning: Competition Act 1991 might be applicable so Campus Oil principles should apply.

Question 6

Contracts for Personal Services

Lumley v Wagner [1852]:

Answer 6

Agreed to sing for period at P’s theatre and not perform elsewhere. Then sang elsewhere for bigger fee. Granted inj: couldn’t compel her to honour positive oblig, but could for negative

Question 7

Contracts for Personal Services

Hill v CA Parsons [1972]:

Answer 7

Inj granted against employer to restrain wrongful dismissal: he’d been forced to do so by TU who P refused to join. Justified as trust and confidence still existed bw employee + employer.

Question 8

Contracts for Personal Services

Moore v Xnet Info [2002]

Answer 8

• Held if the relationship has broken down to a significant extent, an order to reinstate won’t be made
• Made order directing D to continue to pay P’s salary pending trial subject to P’s undertaking to perform any work required of him. But due to breakdown, there’d be no order for reinstatement.

Question 9

Contracts for Personal Services

Davis v Walshe [2002]:

Answer 9

Refused to restrain dismissal+pay interference as damages would be adeq remedy

Question 10

To Restrain the Commission of a Tort

General Rule

Answer 10

Most commonly sought to restrain nuisance and trespass. But

an interlocutory injunction is rarely granted to restrain the publication of defamatory material.

Question 11

To Restrain a Breach of Constitutional Rights

Parsons v Kavanagh [1990]:

Answer 11

Granted inj to restrain operation D’s unlicensed bus service as this impugned activity breached P’s (a licensed competitor) constitutional right to earn a livelihood.

Question 12

To Restrain a Breach of Constitutional Rights

O’Connor v Williams [2001]:

Answer 12

However, it’ll only be granted if it’s the only effective way of protecting the constitutional right:
P (taxis) alleged D (hackney cabs) were conducting their business contrary
to Road Traffic Regs 1963, breaching livelihood right. Refused: the act contained penalties for breaches

Question 13

To Protect Public Rights

SPUC v Coogan [1989]:

Answer 13

SC held any person with bona fide interest + concern in enforcement of Art 40.3.3
may apply for an injunction to ensure compliance with it. Held P had such interest + concern.