Injunction to Restrain in UK Law

Leading Cases
  • Aggeliki Charis Compania Maritima S.A. v Pagnan S.p.A. (The Angelic Grace)
    • Court of Appeal (Civil Division)
    • 17 May 1994

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

  • Schiffahrtsgesellschaft Detlef Von Appen GmbH v Wiener Allianz Versicherungs AG
    • Court of Appeal (Civil Division)
    • 16 April 1997

    However, where the action is brought by the assignee in another jurisdiction which does not recognize the equitable right of the debtor, the debtor's only remedy is (just as it was in the first half of the last century) to apply for an injunction to restrain the assignee from refusing to recognize the equity of the debtor. The insurance company is failing to recognize the equitable rights of the Timecharterers. The equitable remedy for such an infringement is the grant of an injunction.

  • Donohue v Armco Inc. and Others
    • House of Lords
    • 13 December 2001

  • Patel v W. H. Smith (Eziot) Ltd
    • Court of Appeal (Civil Division)
    • 28 January 1987

    However, the defendant may put in evidence to seek to establish that he has a right to do what would otherwise be a trespass. Then the court must consider the application of the principles set out in American Cyanamid v. Ethicon Ltd. [1975] A.C.396 in relation to the grant or refusal of an interlocutory injunction.

  • South Buckinghamshire DC v Porter (No 1)
    • House of Lords
    • 22 May 2003

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Legislation
  • The Insolvency (England and Wales) Rules 2016
    • UK Non-devolved
    • Friday January 01, 2016
    ... ... that the company has the right to apply to the court for an injunction restraining the creditor from presenting or advertising a petition for the ... Injunction to restrain presentation or notice of petition ... ...
  • Common Law Procedure Act 1854
    • UK Non-devolved
    • Sunday January 01, 1854
  • Chancery (Ireland) Act 1867
    • UK Non-devolved
    • Tuesday January 01, 1867
    ... ... written Copy of any Bill of Complaint, praying a Writ of Injunction ... or a Writ of Ne exeat regno, upon the personal Undertaking of the ... Judge may, on the Application of the Executors or Administrators, restrain or suspend, until the Account directed by such Order shall have been ... ...
  • Arbitration Act 1950
    • UK Non-devolved
    • Sunday January 01, 1950
    ... ... , for leave to revoke the authority of the arbitrator or for an injunction to restrain any other party or the arbitrator from proceeding with the ... ...
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Books & Journal Articles
  • Auctioneers and Misdescription: Between Scylla and Charybdis
    • No. 73-6, November 2010
    • The Modern Law Review
    In Elidor Investments SA v Christie's, Manson Woods Ltd the court implied a term as to Wednesbury reasonableness into an auctioneer's agency contract which fettered its ‘sole and complete discretio...
    ... ... areas where it was not required and, in granting an i njunctionto restrain the sale of the lots,failed properly to applythe appropriate criteria ... ent agreem ent sought to give the auctioneers and grant ed an injunction to the s eller restrain ing the sale of his goodsunder the provenan ... ...
  • Foreword
    • Contents
    • Advocacy - A Practical Guide
    • Peter Lyons
    • 5-6
    ... ... submissions, ‘we shall have no more of this’, and issued an injunction to restrain him from bringing any similar cases in the future.2In 2005, at ... ...
  • Responding to a statutory demand: application to restrain the presentation of a petition
    • Contents
    • Watson-Gandy On Corporate Insolvency Practice - 2nd Edition
    • Mark Watson-Gandy
    • 53-63
    ... ... the serious consequences of the presentation or advertisement of a petition against a company,1a debtor company will often wish to seek an injunction to restrain presentation of a petition if suitable undertakings are not received from the creditor serving the demand ... WARNING LETTER ... ...
  • Responding to a petition: application to restrain the advertisement of a petition
    • Contents
    • Watson-Gandy On Corporate Insolvency Practice - 2nd Edition
    • Mark Watson-Gandy
    • 65-78
    ... ... and reputational consequences of the presentation and advertisement of a petition against a company,1a debtor will often wish to seek an injunction to restrain the advertisement of a petition if suitable undertakings are not received from the creditor serving the demand ... The purpose of ... ...
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Law Firm Commentaries
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