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BPTC Law Notes BPTC Civil Ligitation Notes

Interim Injunctions Notes

Updated Interim Injunctions Notes

BPTC Civil Ligitation Notes

BPTC Civil Ligitation

Approximately 1172 pages

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Interim Injunctions

Procedure

Made with application notice. Must state:

  • What order A is seeking, and

  • Date, time, place of hearing, if hearing needed.

Application notice should be served on R. If A makes a without notice application there must be good reasons (eg immediacy of remedy sought or initial confidentiality of the issue concerned) for not giving notice.

A without notice application should contain a return date.
Evidence

Application notice must include evidence in a WS or SoC (both signed by a statement of truth) setting out:

  • The facts upon which A relies, AND

  • All material facts of which the court should be made aware (full and frank disclosure)
Timing

May be made at any time. It should be made as soon as it becomes apparent that it is necessary.

D may not apply for interim injunction unless D has filed Aos or Defence.

If application made with notice, it should be made not less than 3 clear days before application will be dealt with. If there is not sufficient time to give notice, informal notice should be given.
Principles American Cyanamid

Principles applied by the court

What are the exceptions and variations to American Cyanamid?

Applications for mandatory interim injunctions

This type of injunction, requiring the defendant to take certain action, will only be ordered if the judge has a high degree of assurance on the merits. This is more difficult to establish than serious issue to be tried, which is a low threshold.

The mandatory nature of the order may also be reflected in the discretion to grant the order.

Applications for interim injunctions that will finally dispose of the claim

This exception is where neither side is realistically going to take the case to trial if the...

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