Interim Injunctions In Jersey: American Cyanamid Plus

Key Takeaways

• The American Cyanamid test remains the standard test in Jersey for interim injunctions.
  
  
• However, a more exacting 'Cyanamid Plus' test may be applied in exceptional cases, particularly where the interim relief would effectively grant the final remedy or render a trial otiose, or where both sides risk comparable, hard to quantify harm.
  
  
• Practical case management can be decisive, especially for time sensitive disputes such as those concerning restrictive covenants, where expedited proceedings may avoid the need to modify the standard test.

Interim injunctions are intended to protect a party against loss or damage arising from a violation of their rights for which they cannot be adequately compensated in damages if they ultimately succeed at trial.