American Cyanamid Co v Ethicon Ltd [1975] UKHL 1 – Page 3 – Law Journals

CPR: Coming in from the cold

Nicola Bridge and Michael Ward explore the use and usefulness of freezing orders ‘It is important for practitioners to always keep abreast of such judicial commentary; not least because the pro forma freezing orders found in the Practice Direction to Part 25 and the Court Guides can differ, and are not themselves immune from criticism.’Freezing …

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Civil Procedure: Stand and deliver

Peter Jansen contemplates recent case law on injunctive relief ‘Sirius International Insurance Co v FAI General Insurance Ltd & ors and Simon Carves Ltd v Ensus UK Ltd demonstrated that an unjustified call on an on demand bond cannot be stopped without proof of fraud.’Historically, English courts were reluctant to injunct banks from paying unjustified …

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Injunctions: In the balance

Ben Rayment discusses the continued application of the American Cynamid principles under the new Public Procurement Remedies Regime ‘Once the applicant for an interim injunction has passed the hurdle of a serious issue to be tried they must also demonstrate that damages would not be an adequate remedy, and, in the event that this is …

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FPR 2010: Interim measures

Claire Lawson looks at the new injunction provisions set out in the Family Procedure Rules 2010 ‘The rules and accompanying practice directions in the Family Procedure Rules 2010 remain silent on the definition of an “interim injunction” and the circumstances in which such an order should be made.’ In ‘Protective measures’, FLJ 107, June 2011, …

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Injunctions: Liverpool FC: own goal?

Andrew Waters highlights the lessons to be learned from RBS v Hicks & Gillett ‘Where an interim injunction is to be mandatory in effect, more stringent conditions are applied by the court because the risk of harm to the innocent party, should the injunction be wrongly granted, is considered to be greater than if the …

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