- Interlocutory injunctions are pre-trial injunctions aimed at preserving the status quo pending the final determination of the rights of the parties. Restrains D from committing a real or threatened wrong prior to the trial.
- Interim injunction: interlocutory injunction made for a specified period (normally to allow the D time to file material in reply or to permit cross-examination on the applicant’s affidavit evidence)
- Interlocutory Injunctions: remain in effect until trial
- Injunction may require parties to restore the status quo or to order their affairs in a way that is consistent with justice.
- Purpose:
1. Protects P's interests against the risk of imminent irreparable harm in the period before trial.
2. It minimizes the risk of injustice to the P during the period of delay prior to trial by preserving the status quo
3. Preserves the integrity and credibility of the judicial process by ensuring that P has an effective remedy when case is finally determined.
- Concern: Court being requested to make a decision that can be detrimental to D without the benefit of all the evidence. Application is mostly supported by affidavit evidence. Thus, the risk to P must be weighed against the risk of irreparable harm to D should injunction be granted and D is successful at trial. Courts therefore have to balance the competing interests of the parties and make an order in favour of the party who risks the most irreparable harm.
