Assertion: injunction | /r/HasProperty | granted
Facets:
value: often
type: DEGREE
value: no longer
type: TEMPORAL
value: unconditionally
type: MANNER
value: further
type: MANNER
value: prior to the case
type: TEMPORAL
value: as to the user of premises
type: OTHER
value: wrongly
type: MANNER
value: erroneously
type: DEGREE
value: immediately
type: MANNER
Source sentences:
text: Harm to Petitioner if Injunction is Not Granted Versus Harm to Respondent if Injunction is Granted: While there may be potential for harm to the Petitioner in the absence of an injunction, there is often potential for harm to the Respondent in the event that the injunction is granted.
text: Essentially, such an order suspends proceedings until an opportunity arises to inquire whether an injunction should be granted.
text: Injunctive relief is a discretionary power of the court, in which the court balances the irreparability of harm and inadequacy of damages if an injunction were not granted against the damages that would result if an injunction was granted.
text: In balancing the damages to the plaintiff and the defendant and the public interest, the courts balance the relative harm and benefit to both the defendant and the plaintiff if the injunction is granted.
text: Essentially, such an order suspends proceedings until an opportunity arises to inquire whether an injunction should be granted.
text: Injunctions may be granted to restrain a wide range of acts: a breach of contract, such as a contract against engaging in a competing business; the commission of a tort (e.g., a nuisance); an injury to property (e.g., the erection of a wall on the plaintiff’s land); wrongful expulsion (e.g., from a club or a trade union); or wrongful disclosure of confidential information.
text: Injunctions are often granted when monetary damages are not sufficient to remedy a given situation.
text: Essentially, such an order suspends proceedings until an opportunity arises to inquire whether an injunction should be granted.
text: A court must compare whether not granting the plaintiff an immediate remedy will so impair the plaintiff's rights that, by the time of final judgement, the plaintiff will have suffered irreparable harm less than or greater than the extent the defendant will be harmed if the injunction is granted.
text: Because an injunction is granted prior to the case being fully litigated, and sometimes without one side even being allowed the opportunity to respond, judges do not grant injunctions lightly.
text: Moreover, the party requesting injunctive relief must show that a greater injustice and/or harm will occur if the injunction is not granted against the harm that will occur if the injunction is granted before a judge will order an injunction.
text: Essentially, such an order suspends proceedings until an opportunity arises to inquire whether an injunction should be granted.
text: After the court has heard both parties and the trial is complete, the injunction that is granted is termed as a permanent injunction.
text: At the end of the day, it is the judge who decides whether an injunction should be granted or rejected.
text: After the injunction has been granted, the respondent is obliged to abide by the court’s order.
text: Oftentimes an injunction will be granted long before the criminal case is resolved.
text: The balance of convenience requires that the injunction should be granted.
text: ’s favor (in other words, the damage to Defendant if the injunction is granted when it shouldn’t have been must be less than the damage caused to Plaintiff if the injunction wasn’t granted and should have been); and
text: The damage to Defendant if the injunction is granted would be that his dogs can no longer enter
text: In applying this principle, the Court has to weigh the amount of substantial mischief that is likely to be done to the applicant if the injunction is refused and compare it with that which is likely to be caused to the other side if the injunction is granted.
text: The respondent is the person who is the subject of the injunction and who will be prohibited from contact with the petitioner if the injunction is granted.
text: An injunction can be granted to allow you to access your opponent's home or workplace, to search it, and to take evidence that might be important to another case in which you are both involved.
text: The court, nonetheless, has a discretion to decide whether the injunction ought to be granted.
text: In Redland Bricks v Morris, Lord Upjohn stated that such injunctions would normally only be granted:
text: If the answer is yes, then the injunction will be granted.
text: In American Cyanamid the court took into account the fact that no jobs would be lost and no factories would be closed if the injunction was granted, see Hubbard v Pitt  QB 142.
text: It has been noted above that section 38 mentions the circumstances when an injunction can be granted.
text: Such injunction may be granted to the Plaintiff to prevent the breach of an obligation existing in his favour.
text: If the injunction is granted, the applicant will undoubtedly be required to give a number of undertakings to the court.
text: the applicant has a prima facie case or serious question to be tried; and on the balance of convenience as to the damage which would be suffered, the applicant would suffer more damage if the injunction were not granted than the defendant would if the injunction was granted.
text: The undertaking is to be given to the court and must be for an amount sufficient to compensate the respondent for any losses stemming from the imposition of the injunction, should it ultimately be determined the injunction was wrongly granted.
text: Delay also increases the risk that the assets in question will already have been dissipated by the time any injunction is granted.
text: Injunction in such cases may be granted to maintain a status-quo and thus to prevent the authority to perform a certain task.
text: Where a plaintiff who is out of possession claims possession, the court will not grant an injunction against the defendant in possession under a claim of right unless the threatened injury will be irreparable and an injunction may be granted as to the user of premises which the plaintiff has leased to the defendant.
text: Order 1 Rule 2 talks about cases where injunction can be granted to restrain repetition or continuous of breach-
text: What happens if the injunction is granted?
text: (1995) 5 SCC 468,it was observed that Injunction can only be granted only if the person seeking the injunction has a right capable of being enforced by the way of injunction.
text: The jurisdiction arises in part from the Judicature Act 1873, which provided that "A mandamus or an injunction may be granted or a receiver appointed by an interlocutory Order of the Court in all cases in which it shall appear to the Court to be just or convenient...
text: Since the TRO and the preliminary injunction are issued before the final judgment of a case, the determinative factors for the issuance of these injunctions rest more heavily on whether there is a reasonable likelihood of success on the merits of the case, and whether the balance of hardship is such that an injunction should be granted.
text: the balance of convenience favours granting an injunction, in that the harm or inconvenience caused by the refusal of an injunction outweighs the harm or inconvenience that the respondent would suffer if the injunction were granted, and
text: After an injunction has been granted
text: To file an affidavit on the day on which has injunction has been granted or on the following day, stating that the aforesaid docs. have been sent/posted.
text: To file an affidavit on the day on which has injunction has been granted or on the following day, stating that the aforesaid docs. have been sent/posted.
text: Serious loss – if the injunction is granted, the defending party will be unable to trade.
text: The defendant is enjoined by a court order when the injunction is granted, but financial loss and litigation costs are some of the damages that may result if the injunction is improper.
text: In determining whether to issue a preliminary injunction, courts consider two factors: (1) the likelihood that the plaintiff will prevail at trial; and (2) the harm that the plaintiff is likely to suffer if the injunction is denied compared to the harm the defendant is likely to suffer if injunction is granted.
text: An injunction will usually be granted where it appears to the court to be just and convenient to do so.
text: As stated by Staughton LJ “the main question is then one of lesser evil: will it do less harm to grant an injunction which subsequently turns out to be unjustified, or to refuse one if it subsequently turns out that an injunction should have been granted…
text: There has been delay since the injunction was granted
text: He suggested that the plaintiff had to show that 'irreparable injury' would be suffered, for which common law damages would not be adequate compensation, unless an injunction was granted.
text: The main difficulty associated with granting an interlocutory injunction is that the court must consider whether the likelihood of a legal action being established is sufficiently strong for the injunction to be granted.
text: Where there is an efficacious relief, no injunction should be granted.
text: Thus, if the damage to the moving party if the injunction is not granted does not equal or outweigh the disadvantage or hardship to be visited on the opposing party if it is granted then the injunction will be denied.
text: Click here for a situation where an injunction is likely to be granted and here for an example of one where an injunction would probably not be granted.
text: This promise is known as "a cross undertaking as to damages" Click here for a situation where an injunction is likely to be granted and here for an example of one where an injunction would probably not be granted.
text: Once an injunction is granted, it is a contempt of court not to abide by the order.
text: (requiring “a party seeking a preliminary injunction to post a bond or other undertaking to cover any damages the enjoined party may suffer if it later is determined the injunction was erroneously granted”.); SB Liberty, LLC v. Isla Verde Ass’n, Inc., 217 Cal.
text: If the injunction is granted it is typically for a brief, specified period of time.
text: potential for irreparable harm in the absence of an injunction; harm to the plaintiff if the injunction is not granted versus harm to the defendant if the injunction is granted; and public policy considerations.
text: Harm to Petitioner if Injunction is Not Granted Versus Harm to Respondent if Injunction is Granted: While there may be potential for harm to the Petitioner in the absence of an injunction, there is often potential for harm to the Respondent in the event that the injunction is granted.
text: A temporary injunction can be granted pending the outcome of a full trial if the plaintiff can demonstrate that the injunction must be granted immediately to prevent irreversible harm.
text: Here, the trial judge had found that the various strategies adopted by the former wife were sufficiently unconscionable to warrant the injunction being granted and the Court of Appeal held he was right so to do.
text: The victim will have to attend one or possibly more court hearings before the injunction is granted.
text: The trial of the action on the merits must be held within 6 months after the injunction is granted, unless good cause is shown or the parties stipulate to a longer period.
text: An injunction may also be granted before or in connection with final judgment on a motion filed after an action is commenced.
text: So, you know in this situation, if the injunction is granted the court requires you to have a full disclosure of all the facts and evidence... but even if the court grants the injunction, the injunction is granted for a very a short period.
text: so, that that allows you time... now, you got your injunction, served it on the defendant and now you come back to the court and argue– have a lengthy discussion– with the court both sides present their arguments and then get either an extension of that injunction or, you know, your injunction is no longer granted further.
text: The court is going to consider that if the injunction is not granted, what kind of harm it will cause you, the plaintiff... and on the other hand, if the injunction is granted, what kind of harm would it cause to the defendant?
text: The Court will take into account a range of factors, including: Whether damages would adequately compensate the applicant if the injunction is refused, or the respondent if the injunction is granted.
text: A court may also consider the following factors when deciding whether to grant an injunction: "(a) the nature of the interest to be protected, (b) the relative adequacy to the plaintiff of [an] injunction and of other remedies, (c) any unreasonable delay by the plaintiff in bringing suit, (d) any related misconduct on the part of the plaintiff, (e) the relative hardship likely to result to [the] defendant if an injunction is granted and to [the] plaintiff if it is denied, (f) the interests of third persons and of the public, and (g) the practicability of framing and enforcing the order or judgment."
text: Filing a request before noon increases the likelihood that an injunction may be granted the same day it is requested.
text: As the confidential information was no longer in the Defendant’s possession, there was no ongoing advantage at the time the injunction was granted.
text: The court concluded that by the time the injunction was granted, given the knowledge of Thermosensors’ customers and contacts, the former employees would have been substantially in the same position as if they had not taken the customer lists.
text: An injunction may be granted even though the claimant’s rights have not yet been infringed.
text: This may include, for example, the fact that one party has moved from the local area, a desire to reconcile on the part of the petitioner, or that an extended period of time that has elapsed since the injunction was granted.
text: In applying this principle, the Court has to weigh the amount of substantial mischief that is likely to be done to the applicant if the injunction is refused and compare it with that which is likely to be caused to the other side if the injunction is granted.
text: The injunction may be granted unconditionally or on such terms and conditions as the court considers appropriate.
text: The family courts have a very large discretion to grant an injunction and upon what terms and conditions an injunction will be granted.
text: An injunction may be granted if it appears to the court that it is likely the person will engage in the relevant conduct if the injunction is not granted, whether or not the person has previously engaged in conduct of that kind, and whether or not there is an imminent danger of substantial damage to any person if the person engages in the relevant conduct.
text: hardship caused to the defendant if the injunction is granted; and
text: The injury to be suffered by the plaintiff if the injunction is refused is to be balanced with the injury that would be suffered by the defendant if the injunction is granted.
text: And let’s say that injunction was granted, making it illegal for any journalist to publish the story, or explicitly allude to it.