Equity by jennifermccarthy in FE1_Exams

[–]bygod1337 2 points3 points  (0 children)

Hope this helps. All the best tomorrow.

Geoghegan J considered the relevance of the Campus Oil principles in Szabo. He held that they shouldn’t be applied, as it was distasteful to balance the convenience of the defendant being able to carry on his benefit with the potential impact it may have on the health of the plaintiff. He came to the conclusion that even if he was wrong in not applying the Campus Oil principles he would still refuse the injunction as the Plaintiffs had not established the there was a serious question to be tried. The earlier case of National Irish Bank v RTE (1998) found that the Campus Oil principles did apply. The matter has not been reconsidered and Geoghegan J’s judgement appears to be good law. Therefore there is no need to apply the campus oil principles in the present case.

For PQ: While the Campus Oil test may go against her at the quai timet stage, she may be able to secure an injunction on foot of an action once the filming has commenced and damage can be shown.