0
What are the advantages and disadvantages of an interim injunction?
Wiki User
∙ 15y ago
Advantages and disadvantages depend on point of view. To a plaintiff who wants an injunction to make the defendant stop doing some harmful action, an advantage is the harmful action being complained of stops at least temporarily until a full trial can determine whether the injunction should become permanent. The disadvantage as he sees it is that it is not permanent and it may be vacated after a trial if he does not prove it should be permanent. From the defendant's point of view, the disadvantage is that he has to stop doing something he feels he has a right to do even though the plaintiff has not yet proved his case at trial. The advantage is that he still has a chance to prove that it should not become permanent and if he does so, the interim injunction will be vacated after trial and he can go back to doing what he was doing.
Wiki User
∙ 15y ago
Add your answer:
Earn +20 pts
What can be the reason for an interim injunction?
An interim injunction is often sought where the other party, if unrestrained, might cause irreparable or immeasurable damage by continuing the conduct which has led to the dispute, Interim injunctions may before permanent.
What is Ad interim injunction order?
Interlocutory injunction - An injunction which lasts only until the end of the trial during which the injunction was sought.An "ad interim" injunction is the same thing. Blacks law dictionary refers "ad interim" to "interlocutory".Most often these are referred to as "temporary injunctions" or "temporary restraining orders"
What are the advantages and disadvantages of Interim Audit?
It facilitates early completion of the annual audit. It helps in quick detection and rectification of errors and frauds. It excercises an effective moral check on the staff of the enterprise. It is helpful where interim figures are to be published.
What is the difference between interim relief and interim injunction?
Injunction is a restraining relief. Interim injunction is a variety or form of interim relief, which is a broader category. Normally when the plaintiff or petitioner establishes a prima facie case and the balance of convenience is in his favour and if he would be subject to much or irreparable harm unless some urgent relief is granted pending the main relief asked for in his suit/petition, then the interim relief is granted in his favour. The order awarding interim relief in no way decides the merits of the case. Nor can it be a res judicata; nor can it establish any ratio decidendi. It is but a discretionary and equitable relief by the Courts to maintain the status quo pending disposal of the cases or to reach some immediate relief and justice to the aggrieved party so that he can pull on further and pursue the case and his livelihood, etc. Interim relief can be of various forms - positive and negative, whereas injunction is generally or exclusively negative. It restrains the defendant or any third party from carrying out any specified action detrimental to the interest of the plaintiff/petitioner pending disposal of the case. As already stated, injunction is a subset within the broader set of interim relief. Normally interim relief granted should not be equal or equivalent to the final relief requested for - of course in very exceptional circumstances the Court can and may grant even such interim relief as equivalent to the final relief requested for.
What are advantages and disadvantages of interim audit?
It facilitates early completion of the annual audit. It helps in quick detection and rectification of errors and frauds. It excercises an effective moral check on the staff of the enterprise. It is helpful where interim figures are to be published.
advantages and disadvantages of equity?
Advantages and Disadvantages of equity
What are advantages and disadvantages of artificial seasoning of timber?
advantages and disadvantages
What are Advantages and disadvantages of recession?
advantages and disadvantages of recession
What are the advantages and disadvantages of antipyretic?
what are the disadvantages and advantages of antipyretic
What is the advantages and disadvantages of paperless society?
there are no advantages or disadvantages
What are the disadvantages and advantages of liquor?
What are the disadvantages and advantages of liquor?
What are the advantages and disadvantages of germicide?
what are the advantages and disadvantages of pharmaceuticals
