Practical Law

Practitioners will be well aware of the American Cyanamid guidelines, which are routinely applied by the courts in injunction cases. The guidelines are not a statutory test to be rigorously applied but practitioners will be aware of their importance and will seek to ensure that their evidence and arguments cover the key points, namely: whether … Continue reading Cyanamid plus principles to be applied in “now or never” injunction cases →

As the proverb goes, “if at first you don’t succeed, try, try, try again”. Unfortunately, in the case of Hall and another v Elia and another, the message from the High Court is: don’t try to apply again, unless there has been a material change in circumstances since the original decision.

In two recent cases in which judgment was given a day apart (The Gulf Agencies v Ahmed and Clydesdale Bank v John Workman) the Court of Appeal overturned the decisions of the first instance judges and severely criticised them for the manner in which they reached their decisions. In both cases, the first instance judges … Continue reading What can you do if a judge does not properly address and decide the issues? →