11 Facts About Preliminary injunction

1.

An Preliminary injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts.

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2.

Nevertheless, when deciding whether to grant an Preliminary injunction, courts take into account the interests of non-parties .

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3.

When deciding whether to give an Preliminary injunction, and deciding what its scope should be, courts give special attention to questions of fairness and good faith.

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4.

An Preliminary injunction can require someone to do something, like clean up an oil spill or remove a spite fence.

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5.

Plaintiff seeking an interim injunction must establish that he is likely to succeed on the merits, that he is likely to suffer severe harm in the absence of preliminary relief, and that an injunction is in the public interest.

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6.

In Turkish law, interim Preliminary injunction is an extraordinary remedy that is never awarded as of right.

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7.

The requirements for a preliminary injunction tend to be the same as for a permanent injunction, with the additional requirement that the party asking for the injunction is likely to succeed on the merits.

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8.

An example was the super-Preliminary injunction raised in September 2009 by Carter-Ruck solicitors on behalf of oil trader Trafigura, prohibiting the reporting of an internal Trafigura report into the 2006 Ivory Coast toxic waste dump scandal.

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9.

The existence of the super-Preliminary injunction was revealed only when it was referred to in a parliamentary question that was circulated on the Internet .

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10.

One known hyper-Preliminary injunction was obtained at the High Court in 2006, preventing its subject from saying that paint used in water tanks on passenger ships can break down and release potentially toxic chemicals.

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11.

An Preliminary injunction described by the European Commission as allowing the repeated blocking of a website every time a live broadcast is in progress.

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