A more recent version of these Interim Prohibitory Injunctions notes – written by Cambridge And Oxilp And College Of Law students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our Civil Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Interim Prohibitory Injunctions Cause of Action An injunction cannot exist in a vacuum, it is a remedy to a cause of action. The claimant must have a legal cause of action in tort or contract in order to apply for an interim prohibitory injunction.
Guidelines Injunctions are equitable and discretionary. The court will apply the American Cyanamid guidelines to decide whether to grant the injunction. 1
Is there a serious question to be tried? The claim must not be vexatious or frivolous; this is a low threshold for the claimant to meet.
1. Would damages be an adequate remedy for the claimant? Is the harm serious? Is the harm irreparable? Is the harm difficult to quantify? Will the respondent have difficulty paying damages [cite financial details]?
2. Would damages be an adequate remedy for the defendant if the injunction was found to be wrongly granted? Will the applicant have difficulty paying this compensatory damages [cite financial details]?
3. Where does the balance of convenience lie? Consider the commercial impact of granting or not granting the injunction - e.g. effect on market, business, profit, every day working life, employees, contractual obligations etc.
4. Where factors are evenly balanced the court will maintain the 'status quo ante' (i.e. the status quo before the conduct complained of).
5. What are the merits of the claimant's case? Note this is not a mini trial.
Equitable Maxims As interim prohibitory injunctions are discretionary and equitable the court will apply the relevant equitable maxims which include:
* He who comes to equity must do so with clean hands;
* Delay defeats equity; and
* Equity will not act in vain.
Buy the full version of these notes or essay plans and more in our Civil Litigation Notes.