Ex Parte Planning Injunctions Restraining Trade Won’t Be Granted Lightly

Being forced to close business, even temporarily, has consequences.  For this reason, temporary orders to restrain trade cannot be granted lightly.  This fact was acknowledged by the High Court on 27 November 2020 in Waterford City and County Council v Centz Retail Holdings Limited & ors.1   In that case, the High Court set aside two orders which, in effect, temporarily restrained retail activity pending full trial.  The orders had been granted using the fast-track procedure for interim planning injunctions, so that the business owner was not present in court to oppose them.  In this briefing, we will examine this procedure in light of the High Court’s decision.

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