Interim Injunction

Question 1

Interim Injunction: What is the purpose of an interim injunction?

Answer 1

it is an order of the court requiring a party to do or refrain from doing a given act.

Question 2

Interim Injunction: How is a breach of an interim injunction punishable?

Answer 2

A breach of an injunction is punishable as contempt of court, so fine or inprisonment.

Question 3

Interim Injunction: Can an injunction be taken out pre-action?

Answer 3

Yes

Question 4

Interim Injunction: What types of interim injunction are there?

Answer 4

• Prohibitory injunction - Requires the respondent to refrain from doing an act.✋
• Mandatory injunction - Requires the respondent to do a specific act.🫵
• Quia timet Injunction - allows both prohibatory and mandatory injunctions where a wrong has been threatened but not yet committed.

Question 5

Interim Injunction: What are the factors when the court considers whether an interim injunction should be granted

Answer 5

Where it is just and convenient:

1) is there a serious question to be tried? ⚖️

2) Would damages be an adequate remedy? 💵
a) first consider whether damages adequate for claimant
b) then consider whether damages adequate for respondent,
3) if not, then consider balance of convenience ⚖️

Question 6

Interim Injunction: What are the equitable considerations when considering an interim injunction?

Answer 6

An injunction is a discretionary remedy:

• practical purpose - an injunction will not be obtained where it would serve no practical purpose. 👷
• clean hands - the court might refuse an injunction if the applicant has not come to court with clean hands. 🤲
• delay - Excessive delay may lead to a refusal of the application. ⏱️

Question 7

Interim Injunction: What is are the requirements of an interim injunction application?

Answer 7

• Must be supported by written evidence setting out the facts to justify the relief sought.
• if made without notice, the evidence must state the reason why notice has not been given.

Question 8

Interim Injunction: What are the safeguards for an application for an interim injunction beyond the standard process?

Answer 8

• cross-undertaking.
• Without notice safeguards.
• timing of claim form when application before a claim is issued.

Question 9

Interim Injunction: What is a cross-undertaking for an interim injunction?

Answer 9

Applicant often required to offer a cross-undertaking to pay damages to the court for any loss sustained by reason of the injunction by the respondent or others if it is found that the applicant ought not to have been granted the injunction.

Question 10

Interim Injunction: What are the safeguards for a ‘without notice’ interim injunction?

Answer 10

Injunction granted for a fixed period with a second hearing called the return date. The respondent will be given notice of that hearing and the opportunity to attend it to make representations. The court may make the following orders:

• Maintain the order
• Discharge/vary the terms of the injunction
• Enforce the applicant’s undertaking in damages if the injunction should not have been granted.
• Accept an undertaking by the respondent not to do the acts in question in place of the injunction.

Question 11

Interim Injunction: What further obligations are placed on the applicant for a without notice interim injunction?

Answer 11

• must make full and frank disclosure 😇
• must prepare a full note of the hearing as soon as possible and this should be served on the respondent without delay. 📝📮

Question 12

Interim Injunction: What considerations are there for an interim injunction to be granted?

Answer 12

Where it is just and convenient:

1) is there a serious question to be tried?

2) Would damages be an adequate remedy for a party injured by the court’s grant of, or failure to grant, an injunction?

3) where does the balance of convenience lie?
- first claimant is considered,
- the defendant is considered,
- then balance of convenience considered.

Question 13

Interim Injunction: What obligation is there on a claimant when an interim injunction before claim is made?

Answer 13

The claimant must undertake to issue the claim form immediately

Question 14

If an unless order is made stating that a case will be dismissed unless something is done, what is required after that thing isn’t done by the innocent party?

Answer 14

Nothing, the case is automatically dismissed.

Question 15

If an unless order is made stating that a case will be dismissed unless something is done, what is required after that thing isn’t done by the party at fault?

Answer 15

Must apply for relief from sanctions or else case will be dismissed