ABSTRACT
Justice requires that judgments are satisfied. This article considers fundamental questions concerning (1) the power to grant by interim order injunctions and appoint receivers, in what circumstances, against whom, whether covering assets worldwide and in what terms; and (2) the territorial jurisdiction of the court over persons who cannot be served with originating process in Ireland. It considers the power to make orders in proceedings in Ireland which have no substantive claims on the merits, ‘freestanding’ proceedings. It reviews EU regimes for those proceedings. There is considered the power to grant injunctions in connection with arbitrations in or outside Ireland under the Model Law and the Arbitration Act 2010. It sets out the principles for granting interim relief against persons in respect of whom the claimant has no cause of action, NCADs. Nothing is permanent except change. The article reviews the state of the law after three seminal cases at the highest levels in Ireland and England, which have swept away earlier precedent. The article identifies gaps in Ord.11 RSC 1986 on service out of the jurisdiction and proposes an amendment to that rule, and adoption of a standard form in Ireland for Freezing Injunctions.
€ (Westlaw)
Steven Gee, ‘Injunctions in a new age’ [2025] Journal of Business Law 241-270
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