Interim Injunctions Flashcards
What is an injunction?
Order of court requiring party to do or not to do given act
What is a breach of injunction punishable by?
Contempt of court
What can contempt of court result in?
A fine and/or imprisonment
What is an interim injunction?
Temporary measure taking until trial / further order
What are the types of interim injunction?
1) Prohibitory injunction
2) Mandatory injunction
3) Quia timet injunction
What is a prohibitory injunction?
Requires from respondent to refrain from doing an act
What is a mandatory injunction?
Requires the respondent to do a specific act
What are quia timet injunction?
Allow both prohibitory and mandatory injunctions where a wrong has been threatened but not yet committed (i.e. require them to keep bank open if they threatened to close it)
What are the guidelines for an injunction called?
American Cynamid guidelines
What is the test on whether a court should exercise discretion on the grant of an interim injunction?
1) Is there a serious question to be tried?
2) Would damages be adequate remedy?
3) Where does the balance of convenience lie?
What is the meaning of serious question to be tried?
Applicant must have pre-existing cause of action – that is not frivolous or vexatious
What does the court consider when thinking about whether damages would be an adequate remedy in lieu of an injunction? Who’s perspective?
Applicant’s perspective – if they could be compensated by damages for the loss of refusal to grant
Respondent’s perspective – could they be adequately compensated if it transpires that the injunction was wrongly granted?
What other factors would the court consider in light of an interim injunction application?
1) Practical purpose?
2) Clean hands?
3) Any delays in application?
What must accompany an application for an interim injunction?
Written evidence
Are there additional procedural considerations for interim injunctions that goes further than other applications?
Yes
What are the additional procedural considerations that apply to interim injunctions?
1) Cross undertaking in damages
2) Without notice safeguards
3) Applications before a claim is issued
What is a cross undertaking in damages?
Applicant agrees to pay damages to respondent if subsequently held that applicant ought not to have been granted an interim injunction
What are the without notice safeguards?
If no notice injunction, the court will fix a return date (second hearing) to hear responses
What orders could a court make at a return date hearing for interim injunction?
1) Maintain order
2) Discharge injunction
3) Vary terms
4) Enforce applicant’s undertaking in damages
5) Accept undertaking by respondent not to do acts in place of injunction
What must the applicant provide to the court in a case without notice application?
Full and frank disclosure, including those that are adverse
What does the applicant’s legal representative prepare after first hearing for without notice application?
A full note of the hearing to be served on the respondent without delay
Can a party apply for an interim injunction before a claim is issued?
In very rare cases
When will a court grant an interim remedy before a claim has been issued?
If urgent, or desirable in the interests of justice
