Document Fragment View

Matching Fragments

"My Lords, when an application for an interlocutory injunction to restrain a defendant from doing acts alleged to be in violation of the plaintiff's legal right is made on contested facts, the decision whether or not to grant an interlocutory injunction has to be taken at a time when ex hypothesi the existence of the right or the violation of is, or both, is uncertain and wilt remain uncertain until final judgment is given in the action. It was to mitigate the risk of injustice to the plaintiff during the period before that uncertainty could be resolved that the practice arose of granting him relief by way of interlocutory injunction; but since the middle of the 19th century this has been made subject to his undertaking to pay damages to the defendant for any loss sustained by reason of the injunction if it should be held at the trial and that the plaintiff had not been entitled to restrain the defendant from doing what he was threatening to do....."
"It is no part of the Court's function at this stage of the litigation to try to resolve conflicts of evidence on affidavit as to facts on which the claims of either party may ultimately depend nor to decide difficult questions of law which call for detailed argument and mature considerations. These are matters to be dealt with at the trial. One of the reasons for the introduction of the practice of requiring an undertaking as to damages on the grant of an interlocutory injunction was that it aided the Court in doing that which was its great object, viz. abstaining from expressing any opinion upon the merits of the case until the hearing (Wakefield v. Duke of..."
"... If damages is the measure recoverable at common law would be adequate remedy and the defendant would be in a financial position to pay them, no interlocutory injunction should normally be granted, however strong the plaintiffs claim appeared to be at that stage....."

22. Accordingly I am of the view that it would be in the interest of justice, if the defendants are called upon to file an undertaking to pay damages in the event of plaintiffs succeeding ultimately in the suit. For the view which I have (sic) feel it necessary to deal with the various judgments cited at (sic) which are already noted above.