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22 November 2013
Issue: 7585 / Categories: Case law , Law digest , In Court
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Injunctions

R (on the application of San Marco London Ltd) v Revenue and Customs Commissioners [2013] EWHC 3218 (Admin), [2013] All ER (D) 114 (Nov)

It was settled law that the principles on which a mandatory injunction should be granted were, effectively, that the court needed to have in mind that: (i) the overriding consideration was to attempt to find the course that would provide the least risk of injustice; (ii) an order requiring a party to take some positive step might well carry greater risk of injustice if it turned out to have been wrongly made; (iii) it was legitimate where a mandatory injunction was sought to consider whether the court had a high degree of assurance that the claimant would be able to establish the claimed right at trial; and (iv) even where the court did not feel that high degree of assurance, it might still be right to grant a mandatory injunction where the risk of injustice if the injunction was refused outweighed the risk of injustice if it was granted. 

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

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