JR — Procedure / Remedies - Interlocutory Injunctions

Question 1

Number of remedies

Answer 1

Governed by Order 84 rules of the superior courts

Question 2

Injunction

Answer 2

Application for injunction- can be made — by application for judicial review

Equitable remedy — requiring parties to do OR not to do specific acts

Admin law remedy aswell

Question 3

Types

Answer 3

Interlocutory— lasts until case is heard

Perpetual- last forever

Quia timet— granted to prevent a threatened wrong — that has not yet happened

Question 4

When is it granted ?

Answer 4

S 28 (8) of Supreme Court of judicature (Ireland) act 1877

Where -
“just and convenient to do so”

Question 5

Considerations before granting it

Answer 5

Order 84, r18(2) rules of superior courts : sets out considerations

• NATURE of matters
• NATURE of persons or bodies
• CIRCUMSTANCES of the case - if just and convenient for it to be granted

Question 6

Principles

Answer 6

O’Higgins CJ — in Campus oil ltd v Minister for industry and energy

Adopted principles given by

Lord Diplock — in American Cyanamide Co v Ethicon Ltd

Injunction will be granted under these principles :

1) where there is a serious question to be tried
2) damages inadequate remedy
3) balance of convenience — Favours granting

Question 7

Key case - Okunade v Minister for justice 2012 ( CONSIDERATIONS)

Answer 7

• applicant sought— injunction — restraining their deportation

— sc — considered principles — in order to grant a stay OR interlocutory injunction

CONSIDERATIONS :

A) arguable case?
B) where greatest risk of injustice would lie:
— give appropriate weight to measure which are prima facile invalid
— appropriate weight to any public interest
—appropriate weight to — any additional factors arising from case which might heighten risk to public interest
— appropriate weight to — consequences if not granted

C) damages adequate?
D) strength and weakness of applicants case?

Question 8

Irish coursing club v minister for health 2021

Answer 8

• justice Hyland — applied test in Okunade

—hc - refused to grant interlocutory injunction
— Irish cc— not allowed hold races — during level 5 lockdown

— public interest— balance of convenience not in favour of granting injunction

Question 9

Friends of Irish environment v minister for communication & its 2019

Answer 9

Refusal to grant injunction — that would restrain legislative provisions — against — peat extraction

— public interest — not environmentally friendly