Interlocutory injunctions and third parties: exposing the subtext

Abstract

In civil proceedings an interlocutory injunction is usually directed to the opposing party. There is an assumption that such relief has little or no effect on third parties because they are strangers to the proceedings. However, the implications of such an order can be potentially far-reaching. It is often the case that parties beyond the immediate contemplation of an injunction are instrumental in fulfilling its purpose. Others may come under an obligation not to impede the execution of the order. More broadly still, certain interests, both private and public, may be affected by the operation of an injunction. To understand these dynamics it is necessary to analyse the nature and scope of injunctive relief. This lays the foundation for identifying third parties affected by an injunction and their relationship to the proceedings. From this perspective it is possible to test the legitimacy of the court's expectations and to assess the practical and legal constraints that inhibit its authority. Case law in this area has developed in a piecemeal fashion. This is in part attributable to the diverse circumstances in which the court seeks to regulate pre-trial conduct and the fact hat rulings frequently have to be made on an urgent basis. Understandably, in this setting, the status of third parties is ill-defined. The fact that this has been largely unrecognised belies its significance in the critical equation between defensible and exorbitant power. This thesis will delve into that amorphous realm in a search for unifying principle. As the title suggests, this is the subtext to be exposed. The law is stated as at 31 January 2002.