WHAT IS AN INJUNCTION?
An injunction is a common remedy to protect a party's rights. There are different types of injunctions, such as a final injunction, which looks to prevent future infringing conduct by a party, and interlocutory injunctions, which looks to prevent a party's infringing conduct pending court proceedings.
WHAT IS AN INTERLOCUTORY INJUNCTION?
An interlocutory injunction is a court order that either restrains a person from, or requires a person to, perform a specific act, or for a specific undertaking to be made.
Interlocutory injunctions are an equitable remedy, granted pending a final resolution of a case. They can help to avoid additional issues or conflicts that may arise while the parties are preparing for court proceedings.
An interlocutory injunction protects the applicant from further suffering for which damages will not suffice. It ensures that the party making the application will be in the same position they would have otherwise been in.
When will one be granted?
To be successful in obtaining an interlocutory injunction, an applicant should be able demonstrate that:
- there is a serious question to be tried in the principal proceedings, or that a strong case with a high likelihood of success can be established;
- the balance of convenience and justice supports an injunction; and damages will not be an adequate remedy.
UNDERTAKING AS TO DAMAGES
Typically, relief will be refused unless the applicant gives what is known as an undertaking as to damages. This provides for compensation to the defendant, should the injunction be considered unwarranted at a final hearing. As such, without an undertaking as to damages, the court will refuse to grant an interlocutory injunction, without considering the balance of conveniences.
BALANCE OF CONVENIENCES
The balance of conveniences is a comparison of the inconvenience and injury that would be suffered by the plaintiff or by the defendant, depending on the outcome of the application.
