Grounds For An Injunction

Jurisdiction

There may be inherent, auxiliary or statutory jurisdiction. Ensure you ascertain the name of the act and section relied upon before approaching the court. 

Undertaking

The practice notes to the rules may require that you seek appropriate undertakings beforehand, and if so comply with these. 

Ex-Parte Applications

If the urgency of the matter is such that it is appropriate to proceed immediately then be conscious of any additional disclosure requirements. 

Elements

Often in an application for an injunction there is a need for a prima facie case, the balance of convenience to favour the position sought and for damages to be inadequate. 

Defences

Quite apart from the elements necessary there may be equitable defences such as a lack of clean hands or something else that applies. 

* Disclaimer:- This publication contains general information which may not suit your particular needs or circumstances. It may be summarised and include generalisations. Details that may be important in your specific circumstances might not be included. Litigant strives to ensure that the information in this publication is accurate and up-to-date, but does not represent or guarantee that it is accurate, reliable, current, complete or suitable. You should independently evaluate and verify the accuracy, reliability, currency, completeness and suitability of the information, before you rely on it. The information in this publication is not legal or other professional advice. You should obtain independent legal or professional advice that is tailored to your particular circumstances if you have concerns. To the maximum extent permitted by law, Litigant excludes liability for any loss, however caused (including by negligence), relating to or arising directly or indirectly from using or relying on any content in this publication. Litigant asserts copyright over the content of this publication.