Injunctions in UK Law

In this Topic
Leading Cases
  • Brink's Mat Ltd v Elcombe
    • Court of Appeal (Civil Division)
    • 12 Junio 1987

    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.

  • South Carolina Insurance Company v Assurantie Maatschappij ‘De Zeven Provincien’South Carolina Insurance Company v Assurantie Maatschappij N.v
    • House of Lords
    • 29 Julio 1986

    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.

  • N.W.L. Ltd v Woods
    • House of Lords
    • 25 Octubre 1979

    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.

  • Siskina (Owners of cargo lately laden on board) v Distos Compania Naviera S.A.
    • House of Lords
    • 26 Octubre 1977

    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.

  • Fourie v Le Roux and Others
    • House of Lords
    • 24 Enero 2007

    My Lords, these authorities show, in my opinion, that, provided the court has in personam jurisdiction over the person against whom an injunction, whether interlocutory or final, is sought, the court has jurisdiction, in the strict sense, to grant it.

  • R v Secretary of State for Transport, ex parte Factortame Ltd (No 2)
    • House of Lords
    • 11 Octubre 1990

    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.

  • Hadmor Productions Ltd and Others v Hamilton and Another
    • House of Lords
    • 01 Enero 1982

    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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