(Belize) The applicants sought an interim order preventing continuation of the building of a dam, saying that the environmental damage had not been properly aanticipated.
Held: The Board of the Council did have power to grant an interim injunction to preserve the situation pending a final ruling. That power derived from the power of any superior court to supervise its own procedures. The principles to be applied were the general ones applying those from American Cynamid, amended as necessary to accord with the context of public law. However, here the very substantial works were already under way, the claimants were understandably unable to undertake for any damages, and the balance of convenience lay against the applicants, and no order should be made.
Judges:
Lord Walker of Gestingthorpe Sir Martin Nourse Sir Andrew Leggatt
Citations:
[2003] UKPC 63, Times 25-Sep-2003, Gazette 16-Oct-2003, [2004] 2 P and CR 2, [2004] Env LR 16, [2003] 1 WLR 2839
Links:
Jurisdiction:
Commonwealth
Citing:
Cited – Thomas Reckley v The Minister of Public Safety and Immigration and others (Petition for a stay of execution) PC 13-Jun-1995
(The Bahamas) If a serious constitutional issue is fairly raised by an appeal as to the constitutionality of the death penalty, then the death penalty must be stayed. . .
Cited – Her Majesty’s Attorney General v Punch Limited and another HL 12-Dec-2002
A former MI5 agent, Mr Shayler, was to be prosecuted under the Official Secrets Act, and an injunction against publication was granted. The respondent published further works by Mr Shayler, and now appealed a finding that it had acted in contempt of . .
Cited – American Cyanamid Co v Ethicon Ltd HL 5-Feb-1975
Interim Injunctions in Patents Cases
The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of . .
Cited by:
See Also – Belize Alliance of Conservation Non-Governmental Organisations v The Department of the Environment Belize Electric Company Limited PC 29-Jan-2004
PC (Belize) Lord Walker said: ‘It is now clear that proceedings for judicial review should not be conducted in the same manner as hard fought commercial litigation. A Respondent authority owes a duty to the court . .
Cited – Tweed v Parades Commission for Northern Ireland HL 13-Dec-2006
(Northern Ireland) The applicant sought judicial review of a decision not to disclose documents held by the respondent to him saying that the refusal was disproportionate and infringed his human rights. The respondents said that the documents were . .
Cited – Cherry, Reclaiming Motion By Joanna Cherry QC MP and Others v The Advocate General SCS 11-Sep-2019
(First Division, Inner House) The reclaimer challenged dismissal of her claim for review of the recent decision for the prorogation of the Parliament at Westminster.
Held: Reclaim was granted. The absence of reasons allowed the court to infer . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Litigation Practice, Environment
Updated: 28 July 2022; Ref: scu.185741
