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BVC Civil Procedure

BVC Civil Procedure. Interim Injunctions. Injunctions. Mandatory – compels a person to act in a particular way Prohibitory – restrains a person from acting in a particular way Final – an injunction which is granted as a remedy at the conclusion of civil proceedings

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BVC Civil Procedure

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  1. BVC Civil Procedure Interim Injunctions

  2. Injunctions • Mandatory – compels a person to act in a particular way • Prohibitory – restrains a person from acting in a particular way • Final – an injunction which is granted as a remedy at the conclusion of civil proceedings • Interim – during proceedings

  3. Injunctions • s37(1) of the Supreme Court Act 1981/s38 of the County Courts Act 1984 • South Buckinghamshire District Council v Porter [2003] 2 AC 558 • The Siskina [1979] AC 210 • Khorasandjian v Bush [1993] QB 727

  4. Interim injunctions • PD 25.4 • CPR 25.2(2) (Bates v Lord Hailsham of St Marylebone [1972] 1 WLR 1373) • Draft order should be provided (PD 25.5.3) • (PD 25.5.1(1) ) – undertaking in damages • American Cyanamid v Ethicon [1975] AC 396

  5. American Cyanamid criteria • serious issue to be tried • Adequacy of damages • Is the respondent adequately protected by the undertaking (Morning Star Co-operative Society Ltd v Express Newspapers [1979] FSR 113)? • The balance of convenience • maintenance of the status quo • merits of the parties’ cases (Series 5 Software v Clarke [1996] 1 All ER 853)

  6. Exceptions to American Cyanamid • ss219-220, s221Trade Union and Labour Relations (Consolidation) Act • Final disposal of dispute (NWL Ltd v Woods [1979] 1 WLR 1294) • Justification defence (Bonnard v Perryman [1891] 2 Ch 269) • s12 Human Rights Act 1998 (Cream Holdings Ltd v Banerjee [2004] 3 WLR 918 ) • no arguable defence (Official Custodian for Charities v Mackey [1985] Ch 168) • mandatory interim injunctions - Zockoll Group Ltd v Mercury Communications Ltd [1998] FSR 354.

  7. Bars and defences • Delay or acquiescence (Bunn v British Broadcasting Corporation [1998] 3 All ER 552) • exceptional hardship • Inequitable behaviour by the applicant • No practical purpose (G v Harrow London Borough Council (2004) Lawtel 20th January 2004) • Personal services (Warren v Mendy [1989] 1 WLR 853)

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