Kenny v The Council of the Law Society

Kenny, the plaintiff, sought an injunction against the Council of the Law Society, the defendant, in an ex parte application. The plaintiff, who was elected to a position within the Council, was concerned about a forthcoming meeting of the Council that would discuss a motion to remove him from his elected office. The plaintiff alleged that the proceedings of the meeting would be unfair and in breach of procedural fairness, which would ultimately prejudice his right to a fair hearing. The plaintiff sought an injunction to prevent the meeting from proceeding until the substantive proceedings were determined.

The court was required to determine whether the plaintiff had established a serious issue to be tried, and whether the balance of convenience lay in favour of granting the injunction. The court noted that the plaintiff had provided evidence that the meeting would be held in breach of procedural fairness, and that this would prejudice his right to a fair hearing. The court also noted that the plaintiff had demonstrated that he would suffer significant prejudice if the meeting proceeded without the grant of an injunction.

The court found that the plaintiff had established a serious issue to be tried, and that the balance of convenience favoured the grant of an injunction. The court was satisfied that the plaintiff would suffer significant prejudice if the meeting proceeded without the grant of an injunction, and that this would outweigh any prejudice to the defendant or other members of the Council. The court granted a short injunction on a limited basis, restraining the defendant from proceeding with the meeting until the substantive proceedings were determined. The court also ordered the parties to provide further evidence and argument on the substantive proceedings at a later date.