Horsfall v Sinel [1997] JLR 41 (12 February 1997)

Horsfall v Sinel [1997] JLR 41 (12 February 1997)

An interim injunction should not be granted to restrain repetition of alleged defamation if the defendant pleads justification, unless it is clear that the defence will fail at trial.

Citation
[1997] JLR 41
Parties
Applicant: Horsfall; Respondent: Sinel
Jurisdiction
Jersey
Judgment Date
12 February 1997
Procedural Posture
Civil / Interlocutory
Outcome
interim injunction refused
Legal Topics
Defamation, Interim Injunction, Justification Defence

Case Brief

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Parties

Horsfall

Applicant

Sinel

Respondent

Procedural Posture

Civil / Interlocutory

  1. 1 Whether an interim injunction should be granted to restrain repetition of alleged defamation when the defendant pleads justification

Ratio Decidendi

An interim injunction should not be granted to restrain repetition of alleged defamation if the defendant pleads justification, unless it is clear that the defence will fail at trial.

Court Disposition

interim injunction refused