000 01394cab a2200181 4500
001 L130394
008 050725n2005 000 0 eng u
035 _a(Sirsi) u130394
041 _aeng
100 _aWarwick, Mark
245 _aFinal injunctions
260 _c2005
490 _aSolicitors' Journal
_v(824) (2) 8 July 2005, 823-824(2)
520 _aLooks 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.
590 _aIKA020805
690 _aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-DEVELOPMENT CONTROL
942 _n0
999 _c75596
_d75596