Jersey Judgment

Abbott Indus. Inc. v Warner [1985] JLR 375 (18 September 1986)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court held that an injunction cannot be granted as a cause of action in itself; it is only available as a remedy in support of an existing cause of action within jurisdiction.

Court disposition

injunction refused

Orders

  • No injunction granted

02

Material facts

Parties

Abbott Industries Inc.

Applicant

Warner

Respondent

03

Procedural history

  1. Posture

    Civil / Judgment

04

Questions and positions

Legal issues

Whether an injunction can be granted as a cause of action in itself or only in support of an existing cause of action within jurisdiction

Party arguments

Applicant
Applicant sought an injunction as a standalone remedy.
Respondent
Respondent argued injunctions are only available in support of an existing cause of action within jurisdiction.

05

Court’s reasoning

  1. 01

    Abbott Indus. Inc. v Warner [1985] JLR 375

    An injunction is only available as a remedy in support of an existing cause of action within jurisdiction and not as a cause of action in itself.

06

Ratio, limits and disposition

Ratio decidendi

The court held that an injunction cannot be granted as a cause of action in itself; it is only available as a remedy in support of an existing cause of action within jurisdiction.

Court disposition

injunction refused

  • No injunction granted

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[1985] JLR 375

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Abbott Indus. Inc. v Warner [1985] JLR 375

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