Interim injunctions Flashcards
When does the court have jurisdiction to award an interim injunction?
When it has jurisdiction over the respondent to the application
What can the subject of an interim injunction do to remove the need for an interim injunction?
Enter an undertaking to the court to not act in the way injuncted
Can the court vary the terms of an undertaking?
No - its a voluntary promise.
The undertaker should apply to release themselves from the undertaking if needed
What is the test in American Cyanamid?
Three part test:
(i) serious question to be tried
(ii) are damages an adequate remedy? (test claimant first, then defendant)
(iii) Balance of convenience
Can the court grant interim injunctive relief to a party who has been unsuccessful at trial but is appealing?
yes
When may the relative weight of the cases be taken into account under the balance of convenience in American Cyanamid?
they always can, but usually as a last resort.
Change is when the interim judgment will have the effect of ending proceedings. Then it can be weighed more heavily
Why may mandatory interim injunctions be less likely to be granted?
Requiring action may well carry a higher risk of injustice, and so may well be more likely to fail the balance of convenience
Can the court order the applicant to give a cross-undertaking?
No - it is a voluntary thing
Who is the undertaking given to by the applicant?
The court
This means the court can impose sanctions for a failure to comply, others can enforce the undertaken who are not party to it and the mutual understanding of the parties is irrelevant (it is not a contract between the parties)
