17. Interim Injunctions
Interim prohibitory and mandatory injunctions, American Cyanamid, exceptions and cross-undertakings.
How to study for BSB Civil Litigation
Prepare separately for closed-book recall and open-book application while keeping every step anchored to the exact syllabus version for your sitting.
Core concepts
Concept 1
The American Cyanamid approach considers whether there is a serious issue to be tried, adequacy of damages and the balance of convenience while avoiding a premature trial of the merits.
Exam cue: State the precise conduct to be restrained or required and the position to preserve pending trial.
Concept 2
The analysis may vary for mandatory orders, restraint-of-trade cases, cases effectively disposed of by the interim decision and other recognised situations.
Exam cue: Analyse adequacy of damages for both sides before moving to the balance of convenience.
Concept 3
An applicant will ordinarily give a cross-undertaking in damages; the court considers its adequacy and any undertaking offered by the respondent.
Exam cue: Identify whether the requested order is mandatory or would effectively decide the action.
Risk pitfalls and guardrails
Trying to prove the final case conclusively at an ordinary interim-injunction hearing.
Guardrail: Do not import a rule or commentary paragraph merely because the White Book cross-refers to it; the BSB syllabus expressly defines what is examinable.
Treating a mandatory injunction as subject to no heightened caution.
Guardrail: Do not import a rule or commentary paragraph merely because the White Book cross-refers to it; the BSB syllabus expressly defines what is examinable.
Ignoring the cross-undertaking or assuming it can never be required from a claimant with limited means.
Guardrail: Do not import a rule or commentary paragraph merely because the White Book cross-refers to it; the BSB syllabus expressly defines what is examinable.
Memory anchors
Serious issue
The claim must raise a serious issue to be tried rather than a frivolous case.
Damages both ways
Ask whether damages adequately protect the applicant if refused and the respondent if granted.
Balance of convenience
Choose the course carrying the lower risk of irremediable injustice pending trial.
Mandatory caution
An order requiring positive action commonly calls for greater caution and close merits assessment.
Cross-undertaking
The applicant ordinarily undertakes to compensate loss caused if the injunction should not have been granted.
Checkpoint rule
Do the check-up only after you can summarize each concept in one sentence and identify one dangerous pitfall from memory.
Knowledge Check (after reading)
Short check-up to confirm understanding of this module.
Check-up Questions
A former employee threatens to disclose confidential designs tomorrow. The employer has an arguable contractual claim. What is the first American Cyanamid merits question?
The claimant cannot show any serious issue on the merits. Should the court proceed to balance of convenience?
Answer all questions to submit.
Next step personalized recommendations
Continue learning
Move forward only after this module is stable.
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