Interlocutory prohobitory injunctions

Question 1

Principles

Answer 1

Inadequacy of damages
Conduct of the parties
Laches and Acquiescence
Effect on 3rd parties

Question 2

Laches and Acquicense

Answer 2

Newport Association Football Club (1995) ER

Question 3

Effect on 3rd parties

Answer 3

Howard v OPW (1993) IR

Question 4

Test for an Interlocutory Injunction

Answer 4

American Cyanamid v Ethicon (1975) AC

Question 5

Irish test for an Interlocutory Injunction

Answer 5

Campus Oil v Minister for Industry & Energy (1983) IR

Question 6

Damages were an adequate remedy

Answer 6

Osmond Ire v Fergal Mc Farland (2010) IEHC

Question 7

Damages weren’t an adequate remedy

Answer 7

Reid & Turner v HSE (2010) IEHC

Question 8

Reid v Turner v HSE (2010) IEHC

Answer 8

Lynch & Ors v HSE (2010) IEHC

Question 9

no bona fide question
Damages would have been an adequate remedy

Answer 9

Moylist Construction v Thomas Doheny & Ors (2010) IEHC

Question 10

Circumstances where departure from Campus Oil is justified

Answer 10

• where there is an arguable defence
• where the injunction is sought in context of a trade dispute
• where proceedings are sought for Defamation
• where the trial of the action is unlikely