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Erinford Injunction

An Erinford injunction injunction pending appeal against the decision of the judge who has set
aside an injunction which had earlier been granted: Erinford Properties Ltd v Cheshire County
Council. It is basically to preserve status quo until the appeal is heard or to prevent an appeal from
being rendered nugatory.
The court is discharging an injunction previously granted, it may order that the restraint on the
defendant be continued pending appeal against the order to discharge. Such injunctions pending
appeal have been called Erinford injunctions - injunction will be granted only where there is a
likelihood of a successful appeal being rendered nugatory or if the plaintiff would not be adequately
compensated in damages for the temporary damage between the date of hearing and the date when
its appeal is heard (Cocoa Processors Sdn Bhd v United Malayan Banking Corp Bhd (No.2)).
Principles in Ooi Meng Sua, where factors for the courts to consider in its discretion to grant an
Erinford injunction:
i. Whether the applicant for stay had shown in his grounds special circumstances peculiar
to his case;
ii. Probability based on facts/law that the judgment or order may be reversed/varied;
iii. Whether the successful party ought to be free to act (i.e party who has successfully set
aside the injunction) despite the pendency of an appeal;
iv. Comparative effects of granting or refusing a stay pending an appeal are such that it
would be right to preserve the status quo pending appeal;
v. Subject matter of the case and whether damages would appear to be a suitable
alternative.htq1