ABSTRACT
In certain classes of case, the courts do not apply the American Cyanamid guidelines to the granting of interlocutory injunctions. They include the following.
It was established in Bonnard v Perryman60 that, in general, an interlocutory injunction will not be granted in a defamation action where the defendant intends to plead justification or fair comment on a matter of public interest. It has been held that this rule has been unaffected by American Cyanamid because of the overriding public interest in protecting the right to free speech. In order to rely on the rule in Bonnard v Perryman, (a) the defendant must state in his affidavit an intention to plead justification or fair comment, and (b) the alleged defamatory statement must not be clearly untruthful.
