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Interlocutory Injunction

A temporary injunction; which lasts only until the end of the trial during which the injunction was sought.

W. W. Kerr wrote:

"Injunctions are either interlocutory or perpetual.

"Interlocutory injunctions are such as are to continue until the hearing of the cause upon the merits, or generally until further order.

"Perpetual injunctions are such as form part of the (order) made at the hearing upon the merits.

"The interlocutory injunction is merely provisional in its nature, and does not conclude a right. The effect and object of the interlocutory injunction is merely to keep matters in status quo until the hearing or further order."

REFERENCES:

Kerr, W., On The Law and Practice of Injunctions (Florida: Wm. W. Gaunt & Sons, Inc., 1981).


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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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