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Costs of successful interlocutory injunction application restraining trespass to land are awarded to applicant

By: Ian Fitzharris BL

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High Court, following the granting of an interlocutory injunction in favour of the applicant restraining trespass to its land by the respondent, decides outstanding issues in the proceedings to include: (1) the form of the order to be given; and (2) the costs of the proceedings; and the court grants order in terms suggested by applicant in circumstances where the form of the order proposed is sufficiently certain and definite, and awards the costs of the interlocutory proceedings to the successful applicant where the applicant succeeded in the 'event' litigated and where the unsuccessful respondent failed to raise any evidence of the existence of a defence that went beyond the stage of 'mere assertion'.

Legal costs - successful interlocutory injunction application - unsuccessful respondent's failure to file legal written submissions on form of order and issue of legal costs within time period provided by courts' practice direction - form of order - Order 50 rule 6(2) RSC - proposed order of successful applicant sufficiently certain and definite in their terms - costs rules - Order 99 rule 2(3) RSC - applicable statutory provision - factors to be considered by a court in award of legal costs - parties' conduct - rule in interlocutory matters - risk of injustice - costs follow event - possibility of a just adjudication on issue of costs - unfair on applicant to issue a stay on costs order - unsuccessful respondent's failure to raise any meaningful question to be disposed of at trial

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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