High Court refuses to order interlocutory injunctions to restrain owners of land from preventing access to a coursing club, on the grounds that; the applicants have failed to establish that there is a serious issue to be tried as no explanation is provided on how the appellant contended it acquired prescriptive rights against the land owner; on the balance of justice it does not favour granting the injunction as the applicants had access to the lands; the applicants has failed to display the necessity for access and therefore any harm that the Applicant would suffer should the injunction be refused; the urgency of the application is contrived and vexatious.
Practice and procedure - interlocutory injunction – application brought by the trustees of an unincorporated association – seeks an order restraining the owners of park from obstructing access to the former racecourse by members of the Coursing Club for the purposes of preparing the lands for a coursing meeting which is scheduled to be held in January 2023 - mandatory relief is being sought by way of an interlocutory injunction - application refused.