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The Supreme Court allows appeal and overturns a High Court decision that granted an interlocutory injunction to a company in receivership, restraining the sole shareholder from possessing certain premises. The original decision, made over 15 years ago, was intended to be a temporary measure until the resolution of the main proceedings, which have yet to occur. The Supreme Court criticised the delay and lack of progress in the case, emphasising that the beneficiary of an interlocutory injunction has a duty to proceed with dispatch in their proceedings. The Court noted that the injunction's discharge does not grant the shareholder any entitlement to possession of the premises, as the company remains in liquidation and the shareholder has no legal interest in the property.
interlocutory injunction, receivership, Supreme Court, High Court, delay in litigation, receivership duties, enforcement of security, commercial property, company liquidation, shareholder rights, duty to proceed with dispatch, discharge of injunction, Foss v Harbottle, Order 19 Rule 28 RSC.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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