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Campus Oil principles

  • 02-03-2006 9:38am
    #1
    Hmm_Messiah
    Registered Users, Registered Users 2 Posts: 1,964 ✭✭✭


    Hi
    I'd appreciate if some one could tell me about te "Campus Oil " principles regarding injunctions. I've googled but either gettignt he complete judgement or just references.

    I understand it was regarding this mandatory purchase of Oil refined in ireland but what are the 3 steps ?
    and my naotes has it relating to "damages being inadequate"

    Any help appreciated


Comments

  • #2
    grumpytrousers
    Registered Users, Registered Users 2 Posts: 1,884 ✭✭✭grumpytrousers


    rusty on this, but if memory serves what you're looking for is the 3 ingredients that a person seeking an injuction must 'bring to the table' in order for a court to even consider granting it. Indeed 'damages being inadequete' as a remedy is one of them - the potential injunction seeker has to state WHY damages are not good enough. They also (and think this is ingredient 2) have to undertake to lodge a penal sum with the court so that IF the injunction is granted and at the substantive hearing it emerges that it really *shouldn't* have been granted, then the person who was 'under' the injunction gets the penal sum.

    There's a third alright - it'll come to me!


  • #3
    milkytigerrr
    Closed Accounts Posts: 28 ✭milkytigerrr


    Hmm_Messiah wrote:
    Hi
    I'd appreciate if some one could tell me about te "Campus Oil " principles regarding injunctions. I've googled but either gettignt he complete judgement or just references.

    I understand it was regarding this mandatory purchase of Oil refined in ireland but what are the 3 steps ?
    and my naotes has it relating to "damages being inadequate"

    Any help appreciated
    Right... I can remember this.,... *spits on each palm and rubs hands together*
    Lord Diplock laid in American Cynamid laid down three steps for an interlocutory injunction which were followed in Campus Oil. These steps overruled the idea that there ust be a prima facie case to answer before an injunction will be granted:
    1 There must be a serious (as pooposed to frivolous) issue at hand.
    2. Balance of convenience to either party if the injunction is/isn't granted.
    3. Adequacy in damages for the applicant and the respondent (applicant should be able to pay damamges to repondent if case is lost at trial, respondent likewise if decision goes the other way).

    ....Hope thats right or I'm in trouble 4 exams....


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