Interim Injunctions Flashcards
1
Q
General discretion
A
Just and convenient plus an underlying cause of action
2
Q
Procedure
A
- 3 clear days notice
- Claim form w/ interim injunction app notice
- Draft order/written evidence/skeleton/statement of costs (24 hours before)
- W/o notice only where good reason and urgent/necessary
3
Q
American Cyanamid principles
A
- Serious issue to be tried
- Are damages adequate remedy for C?
- Are damages adequate protection for D?
- Balance of convenience
- Status quo
- Special factors
- Merits of the case are a last resort
4
Q
Interim injunctions that dispose of the case
A
Overwhelming case on the merits
5
Q
Defamation claims
A
Will reject where defence is that substantially true/honest opinion/public interest AND alleged libel not obviously untruthful
6
Q
Freedom of expression
A
C must take all practical steps to inform D of application to restrain publication, and court has regard to freedom of expression
7
Q
Mandatory interim injunction
A
High degree of assurance
8
Q
No arguable defence
A
Normal equitable considerations
9
Q
Meaning and effect of undertakings given in interim injunction cases
A
- Undertaking to pay loss to D or any other party, and to comply with court order
- Undertaking instead of injunction
- Applicant’s costs are presumed if the order is silent
