What must a plaintiff demonstrate for an injunction to be granted?

For an injunction to be granted, a plaintiff must demonstrate a prima facie case showing entitlement to relief. This means that the plaintiff must present sufficient legal grounds and evidence to establish that they have a legitimate claim which warrants the court's intervention.

A prima facie case involves articulating the fundamental elements of the legal theory under which the injunction is sought. This often includes establishing that there is a serious issue to be tried, that the plaintiff will likely suffer irreparable harm if the injunction is not granted, and that the balance of convenience favours the granting of the injunction. By meeting this threshold, the plaintiff not only signals that there is a valid basis for the request but also lays the groundwork for why the court should exercise its discretion in favour of granting equitable relief.

There are various other factors at play when considering the withholding or granting of an injunction, but the presence of a prima facie case is essential for the plaintiff to proceed effectively. This principle underscores the need for the court to weigh the merits of the case seriously before issuing such a significant form of relief as an injunction.

In contrast, access to the court, while necessary to bring a case, does not alone justify the granting of an injunction. Consent from the defendant is not a