Injustice in dismissal : the anti-dismissal injunction

Abstract

The purpose of this research is to analyse, primarily by reference to the written judgments delivered in the Superior Courts, the development of the anti-dismissal injunction and associated complexities which can lead to a lack of coherent principles in the courts’ approach to such injunctions. This analysis can be divided into four sub-strands: (i) to consider the anti-dismissal injunction in the round and set out the basis for the courts’ approach to the remedy; (ii) to identify established principles which inform the granting or refusal of such injunctions; (iii) to identify where and why there is a lack of coherence and uncertainty in the courts’ approach to such injunctions; and (iv) to identify what might tentatively be called “starting points” for a reconsideration of how best the extraordinarily powerful remedy of the anti-dismissal injunction might be approached by the courts.