What must a party demonstrate to obtain an injunction?

To obtain an injunction, a party must demonstrate that there is a serious issue to be tried, and that the injunction is necessary to prevent harm. This reflects the key principles applied by courts in considering applications for injunctive relief.

The requirement of a "serious issue" means that the case presented by the party seeking the injunction must have enough merit to warrant further examination in court. This does not require a guaranteed outcome for the party; rather, it indicates that the claim is not frivolous or vexatious.

Furthermore, demonstrating that an injunction is necessary to prevent harm encompasses the need to show that, without the injunction, the party would suffer harm that cannot be adequately remedied through damages. This aspect addresses both the urgency and the specific nature of the harm, asserting that the legal remedy would not suffice in the given context.

In essence, the combination of these two factors establishes a basis for the court to consider an injunction as a proper remedy, focusing on the need for immediate relief to prevent potential damage during the ongoing litigation.