Interim injunction

Question 1

What is an interim injunction?

Answer 1

An order that prevents or requires a party to do / not do something before trial

Question 2

What part of the CPR grants the court power to issue interim injunctions?

Answer 2

Part 25.1

Question 3

Applications for interim injunctions must be supported by what?

Answer 3

Evidence - e.g. a witness statement, statement of case

Question 4

Which parties can apply for an interim injunction?

Answer 4

Claimant or defendant

Question 5

Is the power of the court to order an interim injunction discretionary or mandatory?

Answer 5

Discretionary

Question 6

What are the name of the guidelines that the court will consider in exercising its discretion for an interim injunction?

Answer 6

American Cyanamid guidelines

Question 7

What are the four factors that the court considers under the American Cyanamid guidelines?

Answer 7

1. Whether there is a serious issue to be tried
2. Whether damages would be an adequate remedy
3. Who the balance of convenience favours
4. Any special factors

Question 8

When an interim injunction is granted, the court will almost always require the applicant to give a ______ _________ in _________. This is intended to compensate the respondent if it is later found that the interim injunction _______ ___have been granted.

Answer 8

cross undertaking
damages
should not