Preston v Luck: CA 1884

The court referred to the need to show ‘a probability that the plaintiff is entitled to relief’
Cotton LJ, though not using the expression ‘prima facie case’ defined the said requirement thus: ‘. . though the Court is not called upon to decide finally on the rights of the parties, it is necessary that the Court should be satisfied that there is a serious question to be tried at the hearing and on the facts before it there is probability that the plaintiffs are entitled to relief.’

Cotton LJ
(1884) 27 Ch 497
England and Wales
Cited by:
CitedAmerican 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.182269