Chapter 13 Interactive key cases

There was a potential infringement of a patent.

Court established the principles to grant an interim injunction:

  • a serious question to be tried;
  • the adequacy of damages;
  • the balance of convenience;
  • special factors to consider.

The claimant believed that the defendant had confidential papers belonging to it. The claimant wanted to search the defendant’s premises to find them.

‘Equity will not suffer a wrong without a remedy’ and a search order was granted.

A lease stipulated that a store should be open during usual business hours. The store was losing money and wanted to close.

If specific performance was ordered the court would be required to supervise compliance with the order. The order was not given.

The claimant said that the defendants had confidential information taken from the claimant which was being used in competition. The claimant wanted a search order to confiscate the property.

The defendants successfully had a search order discharged as they were not ‘fly-by-night video pirates’ but respectable business people and likely to comply with disclosure orders.

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