Nottingham Building Society V Eurodynamics Systems [1993 F.s.r. 468
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Nottingham Building Society V Eurodynamics Systems 1993 F.s.r. 468 1
Claire Lawson looks at the new injunction provisions set out in the Family Procedure Rules 2010 ‘The rules and accompanying practice directions in the Family Procedure Rules 2010 remain silent on the definition of an interim injunction and the circumstances in which such an order should be made.’In ‘Protective measures’, FLJ 107, June 2011, p5. There was a risk of substantial injustice by not granting the injunction if the purchase did not proceed and the deposit was forfeited. The court’s overriding consideration was which course of action was likely to involve the least risk of injustice if it turned out to be wrong (Nottingham Building Society v Eurodynamics Systems 1993 FSR 468). The guidelines which a court should follow in applications for interim injunctions are well established. They can be found in the cases referred to by the Judge in his judgment:- American Cyanamid v Ethicon Limited 1975 AC 396, Nottingham Building Society v Eurodynamics Systems Plc 1993 FSR 468 and NWL Limited v Woods 1979 1 WLR 1294.