WebFeb 14, 2024 · In doing so, it firmly rejected the contrary position which has long been treated as established by the House of Lords’ decision in Siskina v Distos Cia Naviera SA [1979] AC 210 (The Siskina): “The shades of The Siskina have haunted this area of the law for far too long and they should now finally be laid to rest”. WebOct 4, 2024 · In confirming the Black Swan jurisdiction, the Board curtailed the power of the decision in The Siskina, although in refusing to permit service out of a claim only for a …
The Siskina listing after striking a Black Swan - Mourant
WebMar 23, 2024 · Siskina (owners of Cargo lately on Board) v Distos Compania Naviera SA: HL 1979. An injunction was sought against a Panamanian ship-owning company to restrain it … WebSep 22, 2024 · The majority judgment of the Board confirms that the wider dicta in The Siskina – that an injunction must be connected to the cause of action in substantive proceedings – is legally unsound. It puts to rest the undesirable impediment the case has had on the jurisprudence of interim injunction for the past 44 years. epilepsy spiritual healing
Privy Council Overrules The Siskina – EAPIL
WebThousands of skills in your pocket. Improve your life and the world around you through practical learning. Join our community. Make an impact. WebNov 25, 2024 · In doing so, the Privy Council sought to “lay to rest” certain of the shades of an earlier decision of the House of Lords in Siskina (Owners of cargo lately laden on board) v Distos Cia ... WebJan 10, 2024 · The Siskina was authority for the proposition that the court had no power to grant an interlocutory injunction unless it was ancillary to a cause of action. In that regard, the Privy Council stated that: "the constraints on the power, and the exercise of the power, to grant freezing and other interim injunctions which were articulated in that ... driver license station in cedar rapids iowa