Interim Injunctions

Question 1

General discretion

Answer 1

Just and convenient plus an underlying cause of action

Question 2

Procedure

Answer 2

• 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

Question 3

American Cyanamid principles

Answer 3

• 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

Question 4

Interim injunctions that dispose of the case

Answer 4

Overwhelming case on the merits

Question 5

Defamation claims

Answer 5

Will reject where defence is that substantially true/honest opinion/public interest AND alleged libel not obviously untruthful

Question 6

Freedom of expression

Answer 6

C must take all practical steps to inform D of application to restrain publication, and court has regard to freedom of expression

Question 7

Mandatory interim injunction

Answer 7

High degree of assurance

Question 8

No arguable defence

Answer 8

Normal equitable considerations

Question 9

Meaning and effect of undertakings given in interim injunction cases

Answer 9

• 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