ABSTRACT
Newcomer injunctions are an equitable jurisdiction recently recognised by the courts in England and Wales which allow claimants to seek injunctive relief against parties who have yet to commit or threaten to commit the wrongful action in question. As these are an exceptional model of equitable relief that apply potentially against the whole world, the question explored in this article is whether the Irish courts are in a position to similarly accept newcomer injunctions as an equitable innovation. This article proceeds by exploring the nature of these injunctions and what is meant by a newcomer in these cases. It then maps these injunctions into existing Irish jurisprudence on injunctive relief before considering these injunctions through an Irish constitutional prism. It then explores the criticisms against these injunctions, asking whether they present more challenges than they solve.
Gavin, Philip, Newcomer Injunctions: Equitable Innovation or Constitutional Challenge? (August 13, 2024), (2024) 72 Irish Jurist (forthcoming).
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