In order to obtain an injunction with respect to property in the possession of a defendant, the right sought to be enforced need not be a proprietary right of the claimant, nor a right for the benefit of the claimant itself. (Slade LJ dissenting)
Judges:
Lord Justice Donaldson, Lord Denning MR, Slade LJ
Citations:
[1982] CLY 2495, [1983] QB 34
Jurisdiction:
England and Wales
Cited by:
Cited – Bonalumi v Secretary of State for the Home Department CA 1985
In the course of extradition proceedings, an order was obtained under the 1879 Act. The defendant sought to appeal against the order, and applied to the Court of Appeal.
Held: The procedure under the 1879 Act was in the course of criminal . .
Cited – Worcestershire County Council v Tongue and others ChD 6-Aug-2003
The defendants had been convicted of offences involving mistreatment of animals, and debarred from having custody of animals. They were now in breach of that order, and the council sought a civil order allowing it access to their land to remove any . .
Cited – Chief Constable of Hampshire v A Ltd CA 1984
The court explained Chief Constable of Kent -v- V: ‘jurisdiction to grant an injunction on the application of the Chief Constable in that case existed only if he could be found to have a sufficient interest in making the application, and they appear . .
Cited – Worcestershire County Council v Tongue, Tongue, and Tongue CA 17-Feb-2004
The defendants had been convicted of animal welfare offences, and banned from keeping animals. The claimant sought to enter the premises to remove animals, but were denied entry.
Held: The court had no power to make an order to allow access . .
Lists of cited by and citing cases may be incomplete.
Extradition, Local Government, Litigation Practice
Updated: 08 May 2022; Ref: scu.183550