BVC Civil Procedure Interim Injunctions. Injunctions Mandatory – compels a person to act in a particular way Prohibitory – restrains a person from acting.

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Presentation transcript:

BVC Civil Procedure Interim Injunctions

Injunctions Mandatory – compels a person to act in a particular way Prohibitory – restrains a person from acting in a particular way Final – an injunction which is granted as a remedy at the conclusion of civil proceedings Interim – during proceedings

Injunctions s37(1) of the Supreme Court Act 1981/s38 of the County Courts Act 1984 South Buckinghamshire District Council v Porter [2003] 2 AC 558 The Siskina [1979] AC 210 Khorasandjian v Bush [1993] QB 727

Interim injunctions PD 25.4 CPR 25.2(2) (Bates v Lord Hailsham of St Marylebone [1972] 1 WLR 1373) Draft order should be provided (PD ) (PD (1) ) – undertaking in damages American Cyanamid v Ethicon [1975] AC 396

American Cyanamid criteria serious issue to be tried Adequacy of damages Is the respondent adequately protected by the undertaking (Morning Star Co-operative Society Ltd v Express Newspapers [1979] FSR 113)? The balance of convenience maintenance of the status quo merits of the parties’ cases (Series 5 Software v Clarke [1996] 1 All ER 853)

Exceptions to American Cyanamid ss , s221 Trade Union and Labour Relations (Consolidation) Act Final disposal of dispute (NWL Ltd v Woods [1979] 1 WLR 1294) Justification defence (Bonnard v Perryman [1891] 2 Ch 269) s12 Human Rights Act 1998 (Cream Holdings Ltd v Banerjee [2004] 3 WLR 918 ) no arguable defence (Official Custodian for Charities v Mackey [1985] Ch 168) mandatory interim injunctions - Zockoll Group Ltd v Mercury Communications Ltd [1998] FSR 354.

Bars and defences Delay or acquiescence (Bunn v British Broadcasting Corporation [1998] 3 All ER 552) exceptional hardship Inequitable behaviour by the applicant No practical purpose (G v Harrow London Borough Council (2004) Lawtel 20 th January 2004) Personal services (Warren v Mendy [1989] 1 WLR 853)