Erinford Injuction

It is an order granted to a plaintif

who had failed, at first instance,
either in his main action or in his
application
for
an
interlocutory
injunction,
and
had
appealed
against the said decision.
Grant him a limited injunction
pending
an
appeal
as
a
precautionary measures so as not to
render the appeal of little value to the
applicant
In other words, the court has
jurisdiction
on
dismissal
of
an
application
for
an
interlocutory
injunction to grant the unsuccessful
applicant an injunction pending an
appeal against the dismissal.
Prohibitory Order granted to restrain
the other party from interfering with
the subject matter of the dispute
pending the appeal

Matters to be considered:
whether

there

are

special

circumstances;
Probability that the order refusing an
injunction may be reversed;
Whether successful party ought to be
free to act;
whether

damages

would

be

an

adequate remedy;
Would

the

appeal

be

rendered

nugatory.
*nugatory -of no value or importance.

Celcom (M) SB v Inmiss Communication

SB
The order is designed to see that an
appeal is preserved and not rendered
meaningless

Made ex parte
Erinford Properties Ltd v Cheshire County
Council [1974] 2 All ER 448
It is an injunction to preserve the status
quo pending disposal of any appeal
against the initial refusal of an injunction:
the exercise of jurisdiction by a court of
first instance restraining the successful
litigant from enjoying the fruits of his
success until the correctness of the
decision in question has been tested
through the appellate process

Nelfi Amiera Mizan

FOL, MMU 2016

Examples
Injunction to restrain the sale of pledged
shares or property where the complaint is
that sale is at an undervalue. Erinford
may not be granted.
vs
Injunction to restrain the D from
continuing to excavate which causes
settlement cracks on Ps property. Interim
injunction refused. However Erinford might
be allowed so that the Ps appeal may not
be rendered nugatory.