Interim Injunctions Flashcards
What is an interim injunction?
Temporary measure to restrain the respondent from causing irreparable or immeasurable damage to the applicant
What is a prohibitory injunction?
Refraining from doing an act
What is a mandatory injunction?
Specific act needs to be done
What is the purpose of a freezing injunction?
Prevents respondent from disposing of assets before trial
What must the applicant show for a freezing injunction?
There is a real risk of the respondent dissipating their assets
Often happens between a bank, C and D
What is a search order?
Allows an applicant to enter premises to search for and take copies of evidence
What are the three steps to determine whether an interim injunction should be granted?
- Is it just and convenient for an injunction to be granted?
- Apply American Cyanamid Guidelines
- Apply equitable and discretionary remedy factors
What are the American Cyanamid Guidelines?
- Is there a serious question to be tried
- Would damages be an adequate remedy:
a. For the A
b. For the R if the injunction is wrongly granted? - Where does the balance of convenience lie - consider a range of factors to ascertain where the lesser risk of injustice lies
What equitable remedies may be considered?
- equity does not act in vain
- clean hands
- no delay
What must be disclosed if an application is made without notice?
The reason for applying without notice
What are undertakings in the context of injunctions?
A must offer a cross-undertaking to pay damages for any loss sustained by reason of the injunction if the injunction should not have been granted
How do you apply for an interim injunction?
Normal interim application procedure, with evidence to justify the application (with notice), or why no notice is being given (without notice)
How is the R protected in without notice applications
Safeguards:
- Applicant must make a full and frank disclosure of all matters of fact or law relevant to the application
- injunctions will be granted for a limited period
- a second hearing, called a return date will be set
- Court can either maintain, discharge or enforce the applicant’s undertaking
When can applications be made before a claim is issued?
Only if the matter is urgent or it is otherwise desriable in the interests of justice
CPR for interim injunction?
CPR 25A
