INJUNCTIVE RELIEF IN A PUBLIC LAW CONTEXT

November 26th, 2021

Whether or not to grant an injunction in a public law case involves the exercise of a discretion which takes all relevant matters into account. These include the strength of the case advanced by the party seeking relief. That however, is not the application of a rigid test. Other important factors to be taken into account are (1) the particular decision under challenge, (2) the interests of the public in general that are involved, and (3) the broader legal framework. See para 52 in R ( S & S ) v HMRC (2021) EWHC 3174 ( Admin ).

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