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

    In my judgment, the time has come to lay aside the ritual incantation that this is a jurisdiction which should only be exercised sparingly and with great caution. But in my judgment there is no good reason for diffidence in granting an injunction to restrain foreign proceedings on the clear and simple ground that the defendant has promised not to bring them.

    In my judgment, where an injunction is sought to restrain a party from proceeding in a foreign court in breach of an arbitration agreement governed by English law, the English Court need feel no diffidence in granting the injunction, provided that it is sought promptly and before the foreign proceedings are too far advanced.

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

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

    But the general rule is clear: where parties have bound themselves by an exclusive jurisdiction clause effect should ordinarily be given to that obligation in the absence of strong reasons for departing from it.

  • Jaggard v Sawyer
    • Court of Appeal (Civil Division)
    • 18 Jul 1994

    Reported cases are merely illustrations of circumstances in which particular judges have exercised their discretion, in some cases by granting an injunction, and in others by awarding damages instead. Since they are all cases on the exercise of a discretion, none of them is a binding authority on how the discretion should be exercised. The most that any of them can demonstrate is that in similar circumstances it would not be wrong to exercise the discretion in the same way.

  • Airbus Industrie GIE v Patel
    • House of Lords
    • 02 Abr 1998

    I approach the matter as follows. As a general rule, before an anti-suit injunction can properly be granted by an English court to restrain a person from pursuing proceedings in a foreign jurisdiction in cases of the kind under consideration in the present case, comity requires that the English forum should have a sufficient interest in, or connection with, the matter in question to justify the indirect interference with the foreign court which an anti-suit injunction entails.

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

    Where it appears that a breach or apprehended breach will continue or occur unless and until effectively restrained by the law and that nothing short of an injunction will provide effective restraint ( City of London Corporation v Bovis Construction Ltd [1992] 3 All ER 697, 714), that will point strongly towards the grant of an injunction. But in all cases the court must decide whether in all the circumstances it is just to grant the relief sought against the particular defendant.

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Legislation
  • The Insolvency (England and Wales) Rules 2016
    • UK Non-devolved
    • 1 de Enero de 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 ......
  • Common Law Procedure Act 1854
    • UK Non-devolved
    • 1 de Enero de 1854
    ......S-LXXIX . Claim of Writ of Injunction. LXXIX Claim of Writ of Injunction. . LXXIX. In all Cases of Breach of ... to the Court or a Judge for a Writ of. Injunction to restrain the Defendant in such Action from the Repetition or Continuance of the. ......
  • Arbitration Act 1950
    • UK Non-devolved
    • 1 de Enero de 1950
    ......and. .   . ( h . ) interim injunctions or the appointment of a receiver;. . . as it has for the purpose of and ...or for an injunction to restrain any other party or the. arbitrator from proceeding with the arbitration, ......
  • Conveyancing Act 1881
    • UK Non-devolved
    • 1 de Enero de 1881
    ......penalty, or otherwise, including the granting of an injunction. to restrain any like breach in the future, as the Court, in the. ......
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Books & Journal Articles
  • Auctioneers and Misdescription: Between Scylla and Charybdis
    • Núm. 73-6, Noviembre 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 ......
  • Injunctive and Restitutory Remedies of the Securities and Investments Board
    • Núm. 3-1, Febrero 1995
    • Journal of Financial Crime
    • 64-65
    The Securities and Investments Board (SIB) is the senior regulator of investment business in the UK. It has considerable civil powers to restrain contraventions and secure compensation for investors.
    ...... Injunction s ca n restrai n breache s o f th e Conduc t o f Busines s Rule s ... d ex parte injunc - tion s o n 17t h July , 1990 , restrainin g M r Owen-Jackso n an d hi s company , Kentasco t Ltd , fro m ......
  • Unacceptable Acceptance?
    • Núm. 42-1, Enero 1979
    • The Modern Law Review
    ...... The plaintiff sought an injunction to restrain an employee from acting in breach of express ......
  • Subordinate Legislation and Injunctions to Ministers
    • Núm. 18-6, Noviembre 1955
    • The Modern Law Review
    ...... him by statute; and if mandamus could issue, why could not a mandatory injunction, or a prohibitory injunction to restrain him from acting ultra vires ? The Crown Proceedings Act left unaffected the law on proceed- ings against a Minister in ......
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Law Firm Commentaries
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