Category Archives: Injunctions

Miller v Jackson [1977] EWCA Civ 6 | 6 April 1977

ON THIS DAY in 1977, the England and Wales Court of Appeal delivered Miller v Jackson [1977] EWCA Civ 6 (06 April 1977).  A cricket club was sued in negligence and nuisance caused by cricket balls landing on a neighbour’s property.  Whilst ordering damages, the court refused to grant an injunction to cease the action or further action as the game of cricket itself was considered to be in the public interest.

Lord Denning began with the following:

“In summertime village cricket is the delight of everyone. Nearly every village has its own cricket field where the young men play and the old men watch. In the village of Lintz in County Durham they have their own ground, where they have played these last seventy years. They tend it well. The wicket area is well rolled and mown. The outfield is kept short. It has a good club-house for the players and seats for the onlookers. The village team play there on Saturdays and Sundays. They belong to a league, competing with the neighbouring villages. On other evenings after work they practice while the light lasts. Yet now after these 70 years a Judge of the High Court has ordered that they must not play there anymore, lie has issued an injunction to stop them. He has done it at the instance of a newcomer who is no lover of cricket. This newcomer has built, or has had built for him, a house on the edge of the cricket ground which four years ago was a field where cattle grazed. The animals did not mind the cricket. But now this adjoining field has been turned into a housing estate. The newcomer bought one of the houses on the edge of the cricket ground. No doubt the open space was a selling point. Now he complains that, when a batsman hits a six, the ball has been known to land in his garden or on or near his house. His wife has got so upset about it that they always go out at weekends. They do not go into the garden when cricket is being played. They say that this is intolerable. So they asked the Judge to stop the cricket being played. And the Judge, I am sorry to say, feels that the cricket must be stopped: with the consequences, I suppose, that the Lintz cricket-club will disappear. The cricket ground will be turned to some other use. I expect for more houses or a factory. The young men will turn to other things instead of cricket. The whole village will be much the poorer. And all this because of a newcomer who has just bought a house there next to the cricket ground.”

http://www.bailii.org/ew/cases/EWCA/Civ/1977/6.html

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Anton Piller KG v Manufacturing Processes Ltd [1975] EWCA Civ 12 | 8 December 1975

ON 8 DECEMBER 1975, the England and Wales Court of Appeal delivered Anton Piller KG v Manufacturing Processes Ltd & Ors [1975] EWCA Civ 12 (08 December 1975).

http://www.bailii.org/ew/cases/EWCA/Civ/1975/12.html

The Court of Appeal held that it had inherent jurisdiction to order defendants in most exceptional circumstances to “permit” the plaintiffs’ lawyers to enter the defendants’ premises to inspect and remove material. Such circumstances are (1) when the plaintiffs have a strong prima facie case of very serious actual or potential damage and (2) clear evidence of the defendants being in the possession of “vital material which they might destroy or dispose of to defeat the ends of justice before an application inter partes may be made”.

The Court of Appeal held that in very exceptional circumstances such an application may be made ex parte (in the absence of the defendants).

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Commonwealth Bank of Australia v Jackson McDonald [2014] WASC 301

Commonwealth Bank of Australia v Jackson McDonald (a firm) [2014] WASC 301 (25 August 2014).

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Sydney, Australia

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Bell v Commonwealth Bank of Australia [2014] FCA 934

Bell v Commonwealth Bank of Australia [2014] FCA 934 (8 August 2014)

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JARK (representing a class as defined in Paragraph 1 of “Nature of the Claim” in the Writ of Summons) v Minister for Immigration and Border Protection and Anor; SAS v Minister for Immigration and Border Protection and Anor [2014] HCATrans 148 (7 July 2014)

ON 7 JULY 2014, Justice Crennan of the High Court of Australia granted an interim injunction restraining the Commonwealth from taking, removing, deporting or surrendering certain asylum seekers into the custody of the government of Sri Lanka.

http://www.austlii.edu.au/au/other/HCATrans/2014/148.html

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Chancery Amendment Act 1858 (UK) 1858 (“Lord Cairns’ Act “) | 28 June 1858

ON 28 JUNE 1858, the UK Parliament enacted the Chancery Amendment Act 1858 (UK), also known as the Lord Cairns’ Act 1858.

The Act allowed the English and Irish equity courts to award damages. Until then, equity courts were limited to granting injunctions and specific performance. The Act also allowed the equity courts to call juries.

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Sydney, Australia

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