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Injunctions? What are they?. Problematic Common LawEquitable RemedyClean handsFinal or InterimDifferent types: (a) mandatory; (b) prohibitory; (c) interlocutory; (d) quia timet; and (e)
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1. The Nuclear Weapons of the Law Frederico Singarajah
Barrister
1 Grays Inn Square
2. Injunctions? What are they? Problematic Common Law
Equitable Remedy
Clean hands
Final or Interim
Different types: (a) mandatory; (b) prohibitory; (c) interlocutory; (d) quia timet; and (e) super injuctions
3. General Principles Courts powers:
s37 Supreme Courts Act 1981; and
s38 County Courts Act 1984
Legal requirements:
Locus standi
Discretionary
Inadequacy of Damages
4. American Cyanimid Co -v- Ethicon Ltd [1975] AC 396 Requirements:
Serious question to be tried;
Inadequacy of damages;
Balance of convenience;
Any other special factors
Procedure:
Part 23 Application notice
Issued claim
Witness statement
5. The Nuclear Weapons Freezing (Mareva) injunction - Mareva Compania Naviera SA -v- International Bulk Carriers SA (The Mareva) [1980] 1 All E.R. 213
Search and Seizure (Anton Piller) injunction - Anton Piller KG -v- Manufacturing Processes Ltd [1976] 1 All E.R. 779
6. Mareva Compania Naviera SA -v- International Bulk Carriers SA (The Mareva) [1980] 1 All E.R. 21 Requirements:
Good arguable case
Real risk of dissipation of assets
Other characteristics:
Duty to disclose assets
Right not to self-incriminate
Third parties
7. Anton Piller KG -v- Manufacturing Processes Ltd [1976] 1 All E.R. 779 s7 Civil Procedure Act 1997
Requirements:
Suffer serious harm and injustice
Other characteristics:
Supervising solicitor
Prohibited disclosure by Respondent
Disposition of seized assets
8. Procedural Documents Application
Part 23 & 25 of Civil Procedure Rules;
Issued Claim
Affidavit - full and frank disclosure
Draft orders @ PD 25 of CPR
Penal notice
Undertakings
Applicant
Solicitor
Costs
Lapse
9. Bank Mellat -v- Nikpour [1985] F.S.R. 87 The rule requiring full disclosure seems to me to be one of the most fundamental importance, particularly in the context of the draconian remedy of the Mareva injunction. It is in effect, together with the Anton Piller order, one of the law's two nuclear weapons. If access to such a weapon is obtained without the fullest and frankest disclosure, I have no doubt at all that it should be revoked.
Lord Denning, Master of the Rolls