Interim injunction pending appeal refused (Peel v TS Sheerness)

Table of contents

• Practical implications
• Court details
• Facts
• Was it inevitable that the Court of Appeal would grant an injunction if it held there had been a breach?
• What legal principles apply to an application for injunction pending appeal?
• Should the injunction be granted?

Article summary

DR analysis: The principles to be applied to an application for interim injunctive relief pending appeal and pending trial are the same (American Cyanamid). The High Court considered the approaches the court should adopt (i) in the event that the Court of Appeal reversed the first instance decision, and (ii) at a point when the court had not finally determined the issue.