If, while an action is pending against a company for the rescission of a contract to take shares, the company give notice to the plaintiff to forfeit the shares in consequence of non-payment of calls, the Court will, on the plaintiff paying into Court the amount of the call with interest, restrain the company until the trial of the action from forfeiting the shares.
The court considered the standard of proof when considering an application for an interim injunction. There was a need to show that there is ‘certainly a case to be tried.’
Buckley LJ
[1911] 1 KB 455, [1910] UKLawRpKQB 180
Commonlii
England and Wales
Cited by:
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 . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 11 December 2021; Ref: scu.182268