The Jurisdiction to Grant Injunctions Against Innocent Third Parties: The Internet and Cartier v British Telecommunications Pic in the Supreme Cour.

An injunction under s.37(l) of the Senior Courts Act 1981 can be granted for (1) protection of property rights; (2) making effective an injunction against another; (3) ancillary to a substantive claim against another; and (4) enabling there to be the due administration of justice. An injunction can be granted against a "third party" regardless of whether or not (i) he is threatening to infringe an intellectual property right; (it) he is a mere bystander; (iii) he has no involvement other than he can prevent others from infringing; and (iv) he would be in breach of any legal duty if he did not prevent them. That the ISPs provided facilities for infringers went to discretion. The Supreme Court decision in Cartier is consistent with extensive case law concerning injunctions against a third party. Established principles required that the ISP be indemnified for its costs of complying with a blocking injunction. [ABSTRACT FROM AUTHOR]