Injunctions in UK Law
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Brink's Mat Ltd v Elcombe
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In one or two other recent cases coming before this court, I have suspected signs of a growing tendency on the part of some litigants against whom ex parte injunctions have been granted, or of their legal advisers, to rush to the R. v. Kensington Income Tax Commissioners principle as a tabula in naufragio, alleging material non-disclosure on sometimes rather slender grounds, as representing substantially the only hope of obtaining the discharge of injunctions in cases where there is little hope of doing so on the substantial merits of the case or on the balance of convenience.
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South Carolina Insurance Company v Assurantie Maatschappij ‘De Zeven Provincien’South Carolina Insurance Company v Assurantie Maatschappij N.v
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Situation (1) is when one party to an action can show that the other party has either invaded, or threatens to invade, a legal or equitable right of the former for the enforcement of which the latter is amenable to the jurisdiction of the court. Situation (2) is where one party to an action has behaved, or threatens to behave, in a manner which is unconscionable.
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N.W.L. Ltd v Woods
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Where, however, the grant or refusal of the interlocutory injunction will have the practical effect of putting an end to the action because the harm that will have been already caused to the losing party by its grant or its refusal is complete and of a kind for which money cannot constitute any worthwhile recompense, the degree of likelihood that the plaintiff would have succeeded in establishing his right to an injunction if the action had gone to trial, is a factor to be brought into the balance by the judge in weighing the risks that injustice may result from his deciding the application one way rather than the other.
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Siskina (Owners of cargo lately laden on board) v Distos Compania Naviera S.A.
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A right to obtain an interlocutory injunction is not a cause of action. It is dependent upon there being a pre-existing cause of action against the defendant arising out of an invasion, actual or theatened by him, of a legal or equitable right of the plaintiff for the enforcement of which the defendant is amenable to the jurisdiction of the court. The right to obtain an interlocutory injunction is merely ancillary and incidental to the pre-existing cause of action.
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R v Secretary of State for Transport, ex parte Factortame Ltd (No 2)
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If the legislature intended to give the court jurisdiction to grant interim injunctions against the Crown, it is difficult to think of any reason why the jurisdiction should be available only in judicial review proceedings and not in civil proceedings as defined in the Act of 1947. Hence, an enactment which in terms applies only to the forms of final relief available in judicial review proceedings cannot possibly have been so intended.
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Hadmor Productions Ltd and Others v Hamilton and Another
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It must defer to the judge's exercise of his discretion and must not interfere with it merely upon the ground that the members of the appellate court would have exercised the discretion differently.
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Third Chandris Shipping Corporation v Unimarine S.A.; Aggelikai Ptera Compania Maritima S.A. v Unimarine S.A.; Western Sealanes Corporation v Unimarine S.A. (Angelic Wings, Genie, Pythia)
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There must be facts from which the Commercial Court, like a prudent, sensible commercial man, can properly infer a danger of default if assets are removed from the jurisdiction.
- The Magistrates' Courts (Injunctions: Gang-related Violence) Rules 2015
- The Magistrates' Courts (Injunctions: Anti-Social Behaviour) Rules 2015
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Anti-social Behaviour, Crime and Policing Act 2014
... ... PART 1: Injunctions ... Modifications etc. (not altering text) ... ...
- Injunctions Against Anti-Social Behaviour (Prescribed Premises) Regulations (Northern Ireland) 2003
- Worldwide Mareva Injunctions
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Anti‐suit Injunctions and the Doctrine of Comity
Hin‐Pro International Logistics Limited v CSAV is an important case in the areas of anti‐suit injunctions, contractual interpretation and private international law. Despite the ambiguities surround...
- Injunctions and the Criminal Law
- The Press, Children and Injunctions
- Super Injunctions
- Freezing Injunctions
- Injunctions & Adjudication
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Europe: Shifting attitudes to patent injunctions
Final injunctions for successful parties in patent cases in Europe have generally been seen as automatic but attitudes are evolving. Despite their differing common law and civil law systems, courts...
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Graduated Fees Reference to a Judge
Fees forms, including the EX160 form to apply for help with court and tribunal fees.... ... PART A — Special Issue Payments ... Co u r t S e a l ... (i) I confirm that the proceedings before the Court involved: ... Family Injunctions (family proceedings (other than those for ancillary relief ) for an injunction, committal order, or other ... order for the protection of a person ... ...
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Form H1
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.... ... proceedings, children matters, injunctions, etc.) ... Description of fee earner: ... Hourly rate claimed: £ ... Hourly rate claimed: £ ... Hourly rate claimed: £ ... Hourly rate claimed: £ ... ...
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Estimate of costs for a financial remedy hearing
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.... ... proceedings, children matters, injunctions, etc.) ... Sections A and B should be completed for all hearings ... Total costs incurred to date ... (total of sections A and B) ... Of which, legal ... ...
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Form COP44A
Court of Protection forms including the COP1 application to make decisions on someone's behalf.... ... decision about whether you can get help with your fee ... Emergencies include cases involving: ... • domestic violence ... • injunctions ... • serious medical treatment ... • where there is a likelihood that the person may be removed from the jurisdiction ... • forced marriage ... ...