Interim injunctions

Question 1

An interim injunction must be worded so that the person subject to it knows precisely what they are prevented from doing , If a C cannot specify this, what will happen?

Answer 1

The injunction will not be granted

Question 2

Can an interim injunction be sought without notice?

Answer 2

yes, only with real urgency

Question 3

American Cyanmid test for interim injunctions

Answer 3

1 - serious question to be tried?
2 - would damages be an adequate remedy for party injured by court’s grant/failure to grant an injunction?
3 - If not, where does the balance of convenience lie?

Question 4

What does ‘serious’ means (AC test)

Answer 4

not frivolous/vexatious

Question 5

What does ‘would damages be adequate’ mean?

Answer 5

• that any inconvenience/injustice caused to the C/D by the grant/failure to grant an interim injunction could be remedied by damages (ie an amount of money) e.g loss of income from reducing opening hours

Question 6

Balance of conveniend (x3)

Answer 6

• preserving the status quo - not necessarily
• relative strength of each party’s case
• special factors -

Question 7

When might it be appropriate for the court to consider the likelihood of success at trial for C?

Answer 7

• where granting the injunction would effectively dispose of the cause of action

Question 8

Question of ‘disposal’ - how will this be effected by the delay of trial?

Answer 8

might become over-punishing?
e.g employee not allowed to take up new employment….extended period has worse consequences than monetary

Question 9

What cases are exempt from AC test?

Answer 9

• court will not intervene to prevent bank making a payment - unless fraud?
  autonomy

Question 10

what is a mandatory injunction?

Answer 10

• injunction requiring a party to do something

Question 11

How does AC test differ for mandatory injunctions?

Answer 11

Balance of convenience consdierations:
- least injustice if it turns out to be wrong decision
- positive step = greater risk than prohibition
- does court feel high degree of assurance that C will be successful at trial

Question 12

Can the court order a party to make a cross-undertaking?

Answer 12

No, but normally only prepared to grant an interim injunction when they have done so.
e.g pay D any loss sustained if held injunction should not have been granted.