Interim Injunctions Flashcards
1
Q
Interim Injunctions may be granted even before proceedings, during proceedings or after judgement (at any time)
A
2
Q
To make an interim application rmbr after proceedings started need to made in COUNTY COURT HEARING CENTRE(CC) where the claim was started with the issue of the CF
A
3
Q
American Cynamid (Prohibitory Injunction) Elements
A
1.Serious issue to be tried
- Would damages be an adequate remedy for A ( would money suffice then injunction)
- Would A undertaking in damages provide adequate protection for R (UNDERTAKING= binding legal promise, where A undertakes to pay R if it turn out injunction wrongly granted. ( take not where urgent injunction + penal notice is included in an order for urgent IJ so that breach of undertaking would amount to contempt of court.)
- Where the does the balance of convenience lie (Status Quo)
4
Q
Rmbr for Mandatory Injunction (got a special criteria in addition need to fulfil)
A
There must be HIGH DEGREE OF ASSUANCE at trial it would appear mandatory injunction was rightly granted.
Court also look at OO, to keep risk of injustice AS LOW AS POSSIBLE
5
Q
Exception and variation to American Cynamid
A
6
Q
Rmbr dont have to amend CF or POC, to add interim injunction but have to to serve notice.
A
