What is the purpose of an interlocutory injunction?
An interlocutory injunction is a court order to compel or prevent a party from doing certain acts pending the final determination of the case. It is an order made at an interim stage during the trial, and is usually issued to maintain the status quo until judgment can be made.
What is an interlocutory injunction?
An interlocutory injunction is an injunction that is obtained after legal proceedings have been commenced but before trial. The party who wishes to obtain an interlocutory injunction (generally the plaintiff) must bring a motion to ask for this relief.
Are injunctions serious?
Injunctions are serious restrictions on the respondent’s rights. They are usually ordered before the merits of the parties’ cases have been fully considered at trial, and the court will be concerned that it may ultimately be shown that the injunction should not have been granted when the full facts emerge.
What are interlocutory procedures?
Interlocutory procedures are designed to stop the matters worsening. “Interlocutory” means it is a court hearing before the actual trial. o The court can, in the intervening period, stop the parties doing something which makes the judgment futile.
What is a serious question to be tried?
The court asks two main questions: Whether the plaintiff has made out a prima facie case, in the sense that if the evidence remains as it is there is a probability that at the trial of the action the plaintiff will be held entitled to relief (often referred to as a “serious question to be tried”).
What is an interlocutory issue?
Interlocutory can be interpreted as meaning ‘pending the result of’ court proceedings. A party will seek an interlocutory injunction in addition to a claim for damages. Under New South Wales law, the Supreme Court has the power to grant interlocutory injunctions at any stage of court proceedings.
What is an interlocutory motion?
Interlocutory is a legal term which can refer to an order, sentence, decree, or judgment, given in an intermediate stage between the commencement and conclusion of a cause of action, used to provide a temporary or provisional decision on an issue.
How long does interlocutory injunction last?
Also known as an interim injunction, an injunction made before a case goes to trial. It can be expressed to remain in force for a particular period of time. Otherwise, it remains in force until the matter comes to trial or until the court makes any further order.
What is the difference between interlocutory injunction and interim injunction?
While an interlocutory injunction is normally enforceable until the determination of the action, an interim injunction is generally granted for a short, specific period of time, and the plaintiff needs to return to court at the end of the period to ask for the continuance of the injunction.
What is an interlocutory question?
Interlocutory actions are taken by courts when a Question of Law must be answered by an appellate court before a trial may proceed or to prevent irreparable harm from occurring to a person or property during the pendency of a lawsuit or proceeding. …
What is interlocutory Law?
Legal Definition of interlocutory : not final or definitive an interlocutory order broadly : made or done during the progress of an action especially when delay would cause irreversible injury an interlocutory appeal.