JOSEPHINE MARY HAYES v DR MARK PACK & Ors

JOSEPHINE MARY HAYES v DR MARK PACK & Ors

Ms Hayes was not entitled to an interim injunction before starting proceedings because the matter was not sufficiently urgent, it was not in the interests of justice, her underlying claim lacked sufficient merit, and the balance of convenience strongly favoured refusal due to potential irremediable prejudice to the party and its members.

Parties
Applicant: Josephine Mary Hayes; Respondent: Dr Mark Pack; Respondent: Duncan Curley; Respondent: Alexandra Simpson; Respondent: Serena Tierney
Jurisdiction
England and Wales
Judgment Date
10 October 2022
Procedural Posture
Application for Interim Injunction / Ruling on Application for Interim Injunction Prior to Claim
Outcome
Application for interim injunction refused
Legal Topics
Interim Injunctions, Natural Justice, Expulsion From Unincorporated Association, Balance of Convenience
Contract Law Civil Procedure Interim Injunctions Natural Justice Expulsion From Unincorporated Association Balance of Convenience

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Parties

Josephine Mary Hayes

Applicant

Dr Mark Pack

Respondent

Duncan Curley

Respondent

Alexandra Simpson

Respondent

Serena Tierney

Respondent

Procedural Posture

Application for Interim Injunction / Ruling on Application for Interim Injunction Prior to Claim

Legal Issues

  1. 1 Whether the court may grant an interim injunction before a claim is started
  2. 2 Whether the applicant has established sufficient urgency or interests of justice to justify interim relief
  3. 3 Whether the underlying claim has sufficient merit to justify injunctive relief

Ratio Decidendi

Ms Hayes was not entitled to an interim injunction before starting proceedings because the matter was not sufficiently urgent, it was not in the interests of justice, her underlying claim lacked sufficient merit, and the balance of convenience strongly favoured refusal due to potential irremediable prejudice to the party and its members.

Court Disposition

Application for interim injunction refused

Orders

  • No interim injunction granted
  • Permission to appeal refused