Jersey Judgment

Alpha Print v Alphagraphics [1989] JLR 152 (06 April 1989)

Civil Procedure Interlocutory Injunction Discharge of Injunction Balance of Convenience

Citation: [1989] JLR 152
Status: Judgment
Jurisdiction: Jersey
Posture: Injunction / Interlocutory

More details

Posture: Injunction / Interlocutory

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Professional case brief

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Source document

Holding and result

An interlocutory injunction should not be discharged if the beneficiary demonstrates a serious question to be tried, damages at trial would be inadequate, and the balance of convenience favours maintaining the injunction.

Court disposition

injunction not discharged

Material facts

Parties

Alpha Print

Applicant

Alphagraphics

Respondent

Procedural history

Posture

Injunction / Interlocutory

Questions and positions

Legal issues

Whether interlocutory injunction should be discharged when the beneficiary demonstrates a serious question to be tried, inadequacy of damages as a remedy, and balance of convenience

Party arguments

Applicant: Applicant seeks to maintain the interlocutory injunction, arguing there is a serious question to be tried, damages would be inadequate, and the balance of convenience favours maintaining the injunction.
Respondent: Respondent seeks discharge of the interlocutory injunction, likely arguing that the criteria for maintaining it are not met.

Court’s reasoning

Legal principles

01
[1989] JLR 152

Interlocutory injunction should not be discharged if the beneficiary demonstrates a serious question to be tried, damages at trial would be inadequate, and the balance of convenience favours the injunction.

Ratio, limits and disposition

Ratio decidendi

An interlocutory injunction should not be discharged if the beneficiary demonstrates a serious question to be tried, damages at trial would be inadequate, and the balance of convenience favours maintaining the injunction.

Court disposition

injunction not discharged

Source and reliance status

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Judgment text

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Source document

Court record

Judgment

[1989] JLR 152

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BAILII >> Databases >> Jersey Law Reports >> Alpha Print v Alphagraphics [1989] JLR 152 (06 April 1989) URL: https://www.bailii.org/je/cases/JLR/1989/JLR890152.html Cite as: [1989] JLR 152 [ New search ] [ Help ] Alpha Print v Alphagraphics 1989 JLR 152 (06 April 1989) Injunctions - interlocutory injunction - discharge - no raising of interlocutory injunction if beneficiary demonstrates serious question to be tried; damages at trial stage inadequate remedy; and balance of convenience, i.e. hardship and uncompensatable damage suffered, if injunction raised in his favour The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1989 JLR 152 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1989/JLR890152.html

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