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Injustice in dismissal : the anti-dismissal injunction

Authors: Kirwan, Brendan;

Injustice in dismissal : the anti-dismissal injunction

Abstract

The purpose of this research is to analyse, primarily by reference to the written judgments delivered in the Superior Courts, the development of the anti-dismissal injunction and associated complexities which can lead to a lack of coherent principles in the courts’ approach to such injunctions. This analysis can be divided into four sub-strands: (i) to consider the anti-dismissal injunction in the round and set out the basis for the courts’ approach to the remedy; (ii) to identify established principles which inform the granting or refusal of such injunctions; (iii) to identify where and why there is a lack of coherence and uncertainty in the courts’ approach to such injunctions; and (iv) to identify what might tentatively be called “starting points” for a reconsideration of how best the extraordinarily powerful remedy of the anti-dismissal injunction might be approached by the courts.

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Country
Ireland
Related Organizations
Keywords

Ph.D, 340, 330, Law, Ph.D., Ph.D. Trinity College Dublin, Law

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Powered by OpenAIRE graph
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
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Fields of Science
Fields of Science