Interim Remedies/Injunctions

Question 1

Under what rule are interim remedies dealt with?

Answer 1

CPR rule 25.1

Question 2

What type of interim remedies can a court order?

Answer 2

1. Injunctions
2. Interim Payments
3. Freezing orders
4. Delivery up of Goods

Question 3

What are the three different types of injunction?

Answer 3

1. Prohibitory Injunction - to prevent someone form taking certain steps.
2. Mandatory Injunction - requiring a person to take some sort of action.
3. An injunction to prevent some harm from occurring.

Question 4

When can interim injunctions be granted?

Answer 4

1. At anytime before proceedings have been issued.

BUT

The court must be satisfied that proceedings will be issued very soon thereafter or obtain an undertaking from the claimant that proceedings will be issued.

Question 5

What will an application notice for an injunction include?

Answer 5

1. the order sought, and
2. the date, time and place of the hearing.

Question 6

What evidence is needed for an injunction?

Answer 6

Applications for other interim injunctions must be supported by evidence set out in either:

• a witness statement, or
• a statement of case provided that it is verified by a statement of truth,or
• the application provided that it is verified by a statement of truth,

unless the court, an Act, a rule or a practice direction requires evidence by affidavit.

The evidence must set out the facts on which the applicant relies for the claim being made against the respondent, including all material facts of which the court should be made aware.

Question 7

What is the undertaking given by the claimant?

Answer 7

Any order for an injunction, unless the court orders otherwise, must contain
an undertaking by the applicant to the court to pay any damages which the respondent sustains which the court considers the applicant should pay.

Damages are payable by the claimant to the defendant if the injunction should not have been granted.

PD 25A (5.2)

Question 8

Do Injunctions need to be personally served?

Answer 8

The notice must be personally served on the defendant.

All injunctions must be endorsed with a penal notice highlighting that a breach is a contempt of court.

The order must be precisely worded for the defendant to know exactly what they must or must not do.

Question 9

What case determined the rules on whether an injunction should be granted?

Answer 9

American Cyanamid v Ethicon Ltd (1975)

Question 10

In American Cyanamid v Ethicon Ltd (1975) what were the tests set as to whether an injunction should be granted?

Answer 10

1. Is there a serious issue to be tried?
2. Are damages an adequate remedy for the claimant?
3. If damages are not an adequate remedy to the claimant, consider the adequacy of the undertaking in damages to the defendant.
4. Where there is no adequate remedy for either side, the court must consider all relevant factors. This involves various considerations that will vary depending on the details of the case.

Question 11

How can an injunction be discharged?

Answer 11

The defendant must apply to the court to discharge the injunction.

Question 12

What are the usual grounds for discharging an injunction?

Answer 12

1. Material non-disclosure on a without notice application.
2. Failure by the claimant to comply with the terms on which the injunction was granted.
3. The facts do not justify the injunction relief.
4. The injunction is oppressive.
5. There has been a material change in the parties’ circumstances or the law since the injunction was granted.
6. The claimant has failed to prosecute the substantive claim with due speed.