Civil Procedure

Jurisdiction

• S 16 Judicature Act 1908( general power to grant an interlocutory (interim) injunction

• Hubbard v Vosper [1972] 1 All ER 1023: A plaintiff is not entitled to an interlocutory injunction simply because he shows a prima facie right, and an arguable case as to its infringement. The remedy is flexible and discretionary

Perpetual Injunction

• Made after a substantive hearing on the merits

• Contradistinction to an interlocutory injunction, which is a holding measure only

Injunctions

• Holding status quo or variation of it

• May be without notice [ex parte] for short period

Origin

• Equitable – discretionary

• Not granted if damages could adequately compensate him – balance of convenience

• ex parte Island Records Ltd [1978] 3 WLR 23: If a without notice injunction is sought, the applicant must depose to damage and urgency in the supporting affidavits

R 7.53

(1) An application for an interlocutory injunction may be made by any party before or after the commencement of the hearing of the proceeding, whether or not a claim for an injunction is claimed in the party's statement of claim, counterclaim, or third party notice.

(2) The plaintiff may not make an application for an interim injunction before the commencement of the proceeding except in case of urgency, and any injunction granted before the commencement of the proceeding -

a) must provide for the commencement of the proceeding; and (b) may be granted on any further terms that the Judge thinks just.

R 7.54
(1) An applicant for an interlocutory injunction under rule 7.53 must file a signed undertaking that the applicant will comply with any order for the payment of damages to compensate the other party for any damage sustained through the injunction.
(2) The undertaking must be referred to in the order granting the interlocutory injunction and is part of it.

• Mayall v