- 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

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