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Injunctions - Coggle Diagram

- - - - follow Campus Oil
        
        Bula v Tara Mines inappropriate to deviate from Campus oil even when mandatory
        
        Sheehan v Ryan rejected Boyhan principles
      - Strong Case approach
        
        Mala Lingham surgeon wanted injunction to prevent HSE from dismissing him, mandatory efect as compelling HSE to continue to employ him - court held - campus oil wrong - need strong case that is likely to succeed
        
        Boyle v An Post followed Boyhan, court directed An Post to pay monthly salary after suspension of staff - need an exceptional case where can say bound to succeed
        
        Boyhan v Beef Tribunal when injunction is mandatory and interlocutory have regard for likliehood of success - up to plaintiff to establish strong and clear case
        
        Nolan v Emo Oil employment law case
      - risk of injustice
        
        Film Rovers International v Cannon go with what is the lowest risk of injustice if wrong - Cynamid only guidelines
        
        National bank of Jamaica v Oline what is important is the pracitcal consequences of the injunction
        
        originated in UK but more popular in Ireland
        
        Shelbourne Hotel Holdings approved approach in Ireland, mandatory order sought to direct hotel to show KPMG documents to demonstrate compliance with Revenue - court - multiple tests, Film Rovers right approach
        
        AIB v Diamond for a springboard injunction, followed lowest risk of injustice if wrong approach
        
        cases have demonstrates the Strong Case approach is still relavent - go case by case
        
        Tola Capital Management v Joseph Linders appropriate test was to show strong case likely of success and what carries lower risk of injustice
        
        Merck Sharp and Dohme v Clonmel stressed flexibility
        
        Betty Martin v EBS - stressed flexibility - termination by EBS of 3 agency agreements- agreemnets detailed but standard - dispute over termination for the reasons - during proceedings Merck Sharp and Dohme v Clonmel emphasised - less rigid approach - upheld decision to grant injunction- relationship remain intact untill commercial court hears case in full - familial nature of business meant more than purely financial
  - - - test
        
        is their any merit (serious question (bona fide Ireland) to be trialled)
        
        2. determine balance of convenience (what are the implications for both parties)
        
        3.look if damages adequate for either party
      - irish approach - retrreated from prima facie case in Ireland v Fitzpatrick, adopted American Cynamid approach in Campus oil - used bona fide question
    - - can be departed from
        
        where trial of action is unlikely or parties agree interlocutory hearing will be trial
        
        NWL v Wood where a grant or refusal have practical effect of ending action
        
        Cayne v Global Resources grant or refusal will determine outcome of vote at AGM - if succeeed likely won't go to trial
        
        Jacob v Irish Amateur rowing qualifying for olympics look at strenght of case combined with level of injustice
        
        no arguable defence to plaintiffs claim
        
        Keating v Jervis Shopping Centre title not an issue, can restrain trespass
        
        industrial action
        
        as long as compliant with Industrial Relations ACt 1990 s19
        
        if don't meet requirements Campus oil applies
        
        to restrain presentation of petition for winding up
        
        Truck and Machinery Sales don't want to exclude creditors from recourse
        
        Defamation proceedings
        
        free speech concerns
        
        Sinclair v Gogarty only granted clearest of cases, where jury find it libel and if not would judge would overrule
        
        Denise Cogely refused to grant injunction restraining footage of nursing home
    - - Westman Holdings picketing case, picketers protected, damages adequate for picketers, wouldn't be for applicant so injunction granted
      - Metro International attempt to launch a different free newspaper, damages not adequate as would be speculative - granted
      - Chieftan Construction judge determine if fair question to be tried
      - Whelan Frozen Foods v Dunnes only customer Dunnes, dispute over price, court granted injunction to follow previous contract - no ongoing supervision required
      - Jacob Fruitfield v United Biscuits passing off case, easy to show damages not adequate remedy
      - Charleton - 2009 - important to bear in mind in some circumstances will still need to work together after
      - Ryanair v Club Travel took info from Ryanairs website, Ryanair argued claim using fanciful language - not granted
      - Merck Sharp and Dohme v Clonmel Healthcare rules in American Cynamid, not to be applied mechanically, important it is flexible - adequacy of damages important consideration (but generally in commercial cases robust sceptism that damages not adequate)
- - - - looked at approach
        
        Apply campus oil first stage (bona fide question), consider if substantial risk of injury, take into account magnitude of evil
        
        don't have to presume expert accurate
        
        Boswell too far don't need moral certainty, just need substantial risk of danger
        
        balance of convenience not right approach here (childrens health(
      - can examine expertise of experts
    - - case can likely be applied in environment cases