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Final injunctions

By: Language: English Series: Solicitors' Journal ; (824) (2) 8 July 2005, 823-824(2)Publication details: 2005Subject(s): Summary: Looks at the court's approach to the grant of final injunctions by examining three cases. "Jaggard v Sawyer" ([1995] 13 EG 132-140, Abs52507) and "Mortimer v Bailey " ([2004] EWCA Civ 1514, Abs68661) deal with restrictive covenants and look at the interplay between the presence or absence of an application for interim relief and the grant of a final injunction. These cases show that it is important to win at first instance since an injunction is a discretionary remedy, that it is essential to clearly warn the defaulter that he is going ahead at his own risk if an application is not to be made for interim relief and that the party with the benefit of the covenant is well advised to seek injunctive relief at the earliest opportunity. The third case "British Glass Manufacturers Confederation v the University of Sheffield" ([2003] EWHC Civ 3108) concerns the long lease of commercial premises.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article L130394 (Browse shelf(Opens below)) 1 Available 130394-1001

Looks at the court's approach to the grant of final injunctions by examining three cases. "Jaggard v Sawyer" ([1995] 13 EG 132-140, Abs52507) and "Mortimer v Bailey " ([2004] EWCA Civ 1514, Abs68661) deal with restrictive covenants and look at the interplay between the presence or absence of an application for interim relief and the grant of a final injunction. These cases show that it is important to win at first instance since an injunction is a discretionary remedy, that it is essential to clearly warn the defaulter that he is going ahead at his own risk if an application is not to be made for interim relief and that the party with the benefit of the covenant is well advised to seek injunctive relief at the earliest opportunity. The third case "British Glass Manufacturers Confederation v the University of Sheffield" ([2003] EWHC Civ 3108) concerns the long lease of commercial premises.