- Applied — Mimo Connect Limited v Matthew Robert Buley & Ors 2023-07-28
“…I will turn now to the question of the main injunction. The test I have to apply is set out in American Cyanamid Co v Ethicon Ltd [1975] AC 396, it has three limbs: firstly there has to be an arguable case, secondly, damages are not an adequate remedy, and thirdly, on the balance of convenience, I shou…”
- Cited — Avondale Park Limited v Miss Delaney's Nursery Schools Limited 2023-06-07
“…efore Leech J. It was common ground before the judge that he should decide the application on the basis of the principles in American Cyanamid Co v Ethicon Ltd [1975] AC 396.…”
- Cited — Alan James Boydell v NZP Limited & Anor 2023-04-04
“… and Nugee LJJ in the recent case of Planon v Gilligan [2022] IRLR 684, citing what Nugee LJ described as the “seminal decision” in American Cyanamid v Ethicon [1975] AC 396.…”
- Cited — Tulip Trading Limited (a Seychelles company) v Wladimir Jasper van der Laan & Ors. 2023-02-03
“…s no part of the court’s function “to decide difficult questions of law which call for detailed argument and mature consideration” (American Cyanamid v Ethicon [1975] AC 396 at 407, cited in this context in Altimo paragraph 84), and the frequent warning in the authorities against deciding controversial points of law in a developing…”
- Followed — Novartis AG & Anor. v Teva UK Limited & Ors. 2022-05-25
“…Having decided the jurisdiction point, the rest of the judgment follows the American Cyanamid Co v Ethicon Ltd [1975] AC 396 approach. Serious issue to be tried was not in dispute and the focus turned to the adequacy of damages and the balance of convenience. The judge decided that d…”
- Applied — Planon Limited v Gilligan 2022-05-10
“…The Judge should apply the principles in American Cyanamid Co v Ethicon Limited [1975] AC 396.…”
- Cited — Planon Limited v Gilligan 2022-05-10
“…t to give any definitive answer to the question whether a covenant is enforceable or not. Ever since the seminal decision in American Cyanamid Co v Ethicon Ltd [1975] AC 396, it has been established law that the Court should not usually seek to resolve the substantive issues on such an application. At the first stage of the analysi…”
- Cited — Planon Limited v Gilligan 2022-05-10
“…ne in the first few days, and certainly well before the lapse of two months. It is important, too, to bear in mind the observation of Lord Diplock in Cyanamid ([1975] AC 396 at 408F) that “where other factors appear to be evenly balanced it is a counsel of prudence to take such measures as are calculated to preserve the status quo”…”
- Cited — Loveridge & Ors v Loveridge 2020-08-24
“…[1975] AC 396…”
- Cited — Koza Ltd & Anor v Koza Altin Isletmeleri AS 2020-07-31
“…The appropriate principles are those applicable to interim injunctions set out in American Cyanamid Co v Ethicon Ltd [1975] AC 396.…”
- Cited — Mendes, R (On the Application Of) v The Secretary of State for the Home Department 2020-07-17
“…tion, it did not require an EU proportionality balance to be performed and replaced the usual American Cyanamid criteria (American Cyanamid Co v EthiconLimited [1975] AC 396) with a test restricted to a consideration of whether removal would interfere with the individual’s human rights which was contrary to the requirements of the …”
- Cited — Neurim Pharmaceuticals (1991) Ltd & Anor v Generics UK Ltd (t/a Mylan) & Anor 2020-06-24
“…ed principles. Both parties and the judge analysed the case by reference to the approach laid down in the speech of Lord Diplock in American Cyanamid v Ethicon [1975] AC 396. The judge identified four stages in this approach:…”
- Disapproved — Nolson, R (on the application of) v Stevenage Borough Council 2020-03-19
“…expressly disapproving the application of the balance of convenience test for negative interim relief as set out in American Cyanamid Company v Ethicon Limited [1975] AC 396, had earlier established that an interim mandatory injunction requiring a local authority to perform its statutory housing duty would not be granted unless the…”
- Applied — The Secretary of State for Transport v Arriva Rail East Midlands Ltd ("Arriva") 2019-12-18
“…g authority from entering into a contract with the successful bidder. The rules which apply to such debates are derived from American Cyanamid Co v Ethicon Ltd [1975] AC 396. Very often, because the court will decide that the balance of convenience favours the completion of the contract with the successful bidder, or because damage…”
- Cited — Begum v Ahmed 2019-10-28
“…ing drawn into a mini-trial on the basis of witness statements. It was considerations such as those which led the House of Lords in American Cyanamid v Ethicon [1975] AC 396 to a corresponding restriction in the case of interim injunctions.…”
- Cited — Forse & Ors v Secarma Ltd & Ors 2019-03-13
“…menting on the various witness statements, including the WhatsApp messages disclosed by Mr Harourt, he said that he had regard to American CyanamidCo v Ethicon [1975] AC 396 and Films Rover International Ltd v Cannon Film Sales Ltd [1987] 1 WLR 670 for the principles applicable to interim injunctions, and to the judgments of Haddon…”
- Cited — Youngsam, R (on the application of) v The Parole Board & Anor 2019-02-27
“…[1975] AC 396…”
- Cited — SB (Afghanistan), R (On the Application Of) v The Secretary of State for the Home Department 2018-02-16
“…of convenience” is to the concept set out by the House of Lords in relation to interim injunctions in the leading case, American Cyanamid Company v Ethicon Ltd [1975] AC 396, to which para. 15.6.1 refers in a footnote. Paragraph 15.6.2 states:…”
- Cited — Okpabi & Ors v Royal Dutch Shell Plc & Anor (Rev 1) 2018-02-14
“…ance Co. (U.K.) Ltd. [1990] 1 WLR 153 (summary judgment). In the context of interlocutory injunctions, in the famous case of American Cyanamid Co v Ethicon Ltd [1975] AC 396, 407 it was held that the court must be satisfied that the claim is not frivolous or vexatious, in other words, that there is a serious question to be tried. I…”
- Cited — Global Gaming Ventures (Group) Ltd & Anor v Global Gaming Ventures (Holdings) Ltd & Anor 2018-01-30
“… likely to cause the least irremediable prejudice to one party or the other. This is an assessment in which, as Lord Diplock said in the American Cyanamid case [1975] AC 396, 408:…”