Interim Injunction

Question 1

What is an interim injunction

Answer 1

A temporary measure taken at an early stage on the proceedings before trial and before any final decision on the merits of either party’s case to restrain the respondent from causing irreparable or immeasurable damage to the applicant by continuing conduct or ceasing conduct that led to the dispute.

Question 2

Types

Answer 2

Prohibitory- requires the R to refrain from doing something

Mandatory/ require the R to do a specifics act

Quia timet- allow both of the above where a wrong has been threatened but not yet committed

Question 3

Evidence required- American Cyanamide

Answer 3

An injunction may be granted where it is just and convenient s37 Senior Courts Act 1981

1. Is there a serious case to be tried
2. Would damages be an adequate remedy for a party injured by the courts grant or failure to grant an injunction
3. Where does the balance of convenience lie

Question 4

Procedure

Answer 4

Undertakings- an IJ will be granted if the applicant offers a cross undertaking to pay the respondents damages for any loss sustained by the reason of the injunction if held that the injunction ought not to have been granted l.

Without notice safeguards- if an application is made without notice and an injunction is granted the court will fix a second hearing called the return date. Here the R will make representations.

The court can:

• Maintain order
• Discharge the injunction and vary terms
• Enforce the applicants undertaking of injunction ahoy dot have been granted
• Accepts an undertaking by the R in place of injunction

Applications can be made before a claim is issued