In deciding whether to grant an interim injunction, which test applies under American Cyanamid v Ethicon?
Answer and explanation
Correct answer: B. Whether there is a serious issue to be tried, whether damages are adequate, and where the balance of convenience lies
- Step 1: American Cyanamid sets the guidelines for interim relief.
- Step 2: The court asks whether there is a serious issue to be tried, whether damages would be an adequate remedy for either side, and which side the balance of convenience favours.
Answer
Whether there is a serious issue to be tried, whether damages are adequate, and where the balance of convenience lies.
Why not the others: Certainty of success is not required; bad faith and fees are irrelevant; track allocation does not govern injunctions.
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