- 45
A
(1)
-
Equity recognizes that injunctions may have a coercive effect
which extends well beyond the persons named as defendants
B
in the relevant order: [155].
C
B
There are well-established
situations in which the court grants orders against non-parties
in the interests of justice: [23] - [42]. Newcomer injunctions
D
A
C
D
can be regarded as being analogous to other injunctions or
E
orders which have a binding effect upon the public at large:
F
G
(2)
[109].
F
The difficulty which has been experienced in the authorities
G
arise from treating newcomer injunctions as a particular type
H
E
H
of conventional injunction inter partes, subject to the
I
requirements as to service: [132].
However, a newcomer
injunction is a wholly new type of injunction with no very
J
I
J
closely related ancestor from which it might be described as
K
evolutionary offspring, although analogies can be drawn with
L
M
(3)
some established forms of orders: [144].
L
Newcomer injunctions are typically neither interim or final:
M
[139]. They are all in substance ex parte, or without notice,
N
injunctions.
O
N
The ordinary rule that “you cannot have an
injunction except against a party to the suit” does not apply,
and in which well-established safeguards exist for anyone
P
K
O
P
affected by it to have it varied or discharged: [26], [40], [132]
Q
and [151].
R
(4)
S
T
In considering whether a newcomer injunction complies with
procedural and substantive fairness, it is the compliant
(law-abiding) newcomer, not the contemptuous breaker of the
injunction, who ought to be regarded as the paradigm. The
Q
R
S
T
U
U
V
V