Interlocutory injunction CASES

In English law, an interlocutory injunction is a temporary court order issued during ongoing litigation to preserve the status quo until a final decision is reached.

Definition and Principles

Interlocutory injunctions temporarily prevent or require actions to protect parties’ rights pending trial. Courts grant these when immediate action is necessary to avoid irreparable harm or injustice.

Common Examples

  • Orders preventing disclosure of confidential information during disputes.
  • Temporary prohibition on actions causing ongoing harm, such as infringement of intellectual property.
  • Mandatory injunctions requiring continued provision of essential services until trial.

Legal Implications

  • Granted based on urgency, likelihood of success at trial, and risk of irreparable harm.
  • Breach of an interlocutory injunction may result in contempt of court penalties.

Practical Importance

Understanding interlocutory injunctions assists parties in effectively protecting their legal interests during litigation, managing immediate risks, and safeguarding rights pending resolution.

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Khorasandjian v Bush [1993] EWCA Civ 18

A young woman sought an injunction against a former friend who persistently harassed her through telephone calls, threats, and pestering behaviour. The Court of Appeal upheld the injunction, extending the tort of private nuisance to protect a person lawfully present in property from harassing telephone calls, regardless of proprietary interest....