GETTING THE PRE-TRIAL INJUNCTION

Abstract

After defining and describing the characteristics of interlocutory as distinct from interim injunctions, this article reviews the procedures and tests that are followed when obtaining or acting on injunctions prior to trial. It outlines American alterations to the traditional prima facie test, and describes the dissenting view in England before concluding that the American view changed the law very little. It shows a return in the UK to the former prima facie test by weighing and balancing various factors including irreparable harm and bargaining power. Against this background, the author discusses the risks involved in obtaining an injunction and methods for appeal of decisions. It also considers introduction of the Mareva injunction to Canada.