Baron Everlo v Fitel Ltd. [1987] JLR 687 (21 December 1988)

The court may, in its discretion, permit an applicant to abandon the benefit of an injunction already granted and discontinue the action if the injunction is the main purpose of the action.

Citation: [1987] JLR 687
Parties: Applicant: Baron Everlo; Respondent: Fitel Ltd.
Jurisdiction: Jersey
Judgment Date: 21 December 1988
Procedural Posture: Injunction / Withdrawal/discontinuance
Outcome: Applicant permitted to abandon benefit of injunction and discontinue action.
Legal Topics: Injunctions, Discontinuance of Action

Civil Procedure Injunctions Discontinuance of Action

Case Brief

Summary, issues, holding and outcome

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Parties

Baron Everlo

Applicant

Fitel Ltd.

Respondent

Procedural Posture

Injunction / Withdrawal/discontinuance

Legal Issues

1 Whether the applicant can abandon the benefit of an injunction already granted
2 Whether the court has discretion to allow withdrawal and discontinuance of the action if the injunction is the raison d'être of the action

Ratio Decidendi

The court may, in its discretion, permit an applicant to abandon the benefit of an injunction already granted and discontinue the action if the injunction is the main purpose of the action.

Court Disposition

Applicant permitted to abandon benefit of injunction and discontinue action.