What is one of the key considerations for granting an interlocutory injunction?

One of the essential considerations for granting an interlocutory injunction is the establishment of a prima facie case by the plaintiff. This requirement signifies that the plaintiff must demonstrate a sufficient likelihood of success on the merits of their case, meaning that there is a legitimate legal claim that is plausible and not frivolous.

The rationale behind this consideration is that an interlocutory injunction is a provisional remedy issued before the final determination of the case, aiming to maintain the status quo and prevent potential harm to the parties involved while the litigation is ongoing. Thus, for the court to grant such an injunction, it must first assess whether the plaintiff has a credible and valid claim that warrants judicial intervention at this early stage.

While the strength of the defendant's case, the agreement of both parties, and perceptions of fairness are factors that may be considered in the context of an injunction, they do not hold the same weight as the establishment of a prima facie case. The law prioritizes ensuring that a party has a legitimate claim that needs protection, which forms the foundation for any further considerations regarding the injunction's granting.