Injunctions

Question 1

What is the full Campus Oil test for granting an interlocutory injunction?

Answer 1

(1) Is there a serious question to be tried? (2) If so, would damages adequately compensate the applicant? (3) If not, would the respondent be adequately compensated by the applicant’s undertaking in damages? (4) If not, where does the balance of convenience lie (preserving the status quo)?

Question 2

What is the role and legal effect of a cross-undertaking in damages in injunction applications?

Answer 2

It is an undertaking given to the court to compensate the respondent if the injunction is wrongly granted; the court cannot compel it but may refuse relief if it is not offered (Caldwell).

Question 3

When will the balance of convenience stage of the Campus Oil test not apply?

Answer 3

In defamation cases, industrial disputes, where the hearing is effectively final, or where there is no defence.

Question 4

What is the test for granting a mandatory injunction?

Answer 4

A “strong case to be tried” rather than merely a serious question (Maha Lingham), reflecting the higher threshold due to its coercive nature.

Question 5

What are the full requirements for obtaining a Mareva injunction?

Answer 5

Applicant must show: • A substantive claim • Full and frank disclosure • Identification of assets (where possible) • A real risk of dissipation of assets to defeat judgment (not ordinary business use) • A cross-undertaking in damages • Application is typically ex parte

Question 6

What is meant by “full and frank disclosure” in ex parte injunction applications?

Answer 6

The applicant must disclose all material facts, including those adverse to their case; failure may result in discharge of the injunction.

Question 7

What are the full requirements for obtaining an Anton Piller order?

Answer 7

Applicant must show: • An extremely strong prima facie case • Very serious potential damage • Clear evidence that the respondent has relevant documents/items and a real risk of destruction • Full and frank disclosure • A cross-undertaking in damages

Question 8

What is the legal effect of an Anton Piller order in practice?

Answer 8

It does not permit forced entry, but refusal to comply may amount to contempt of court.

Question 9

What are the requirements for obtaining a Bayer order?

Answer 9

Must show exceptional and compelling circumstances, that no lesser remedy will suffice, and the order must be limited in duration (O’Neill v O’Keefe).

Question 10

What is the general procedure for applying for an injunction?

Answer 10

By motion grounded on affidavit, with full and frank disclosure where ex parte.

Question 11

What procedural obligations arise where an injunction is sought ex parte (other than Mareva/Anton Piller)?

Answer 11

Applicant must undertake to serve notice of motion within 4 days (if no proceedings issued) or 2 days (if proceedings already issued).

Question 12

What is the underlying purpose of interlocutory injunctions?

Answer 12

To preserve the status quo pending trial while balancing potential injustice to both parties.