Principles For Interlocutory Injunctions Refined By The Supreme Court

Two key decisions of the Supreme Court and Court of Appeal in Merck, Sharp & Dohme v Clonmel Healthcare Limited and Betty Martin Financial Services Limited v EBS DAC have significantly refined the well-settled principles to be applied in applications for injunctive relief. The test for granting preliminary injunctions in Ireland was originally set down by the Supreme Court in Campus Oil v Minister for Industry and Energy (No.2) and the Courts have, until now, strictly adhered to it. An overview of the Campus Oil test was set out in a previous Dillon Eustace briefing which may be accessed here.

The Merck Judgment

This case concerned the application by Merck for a preliminary injunction against Clonmel, to restrain them from producing a generic drug in contravention of Merck's intellectual property rights.