ABSTRACT
In Phineas Redux, Phineas Finn is granted by the Court of Chancery an injunction prohibiting the publication of a libel, but at the date at which we’re to take it that such an injunction was granted, the Court of Chancery had no jurisdiction to grant injunctions prohibiting the publication of libels. Even if the court had had such jurisdiction, Trollope greatly exaggerates the effect of the injunction said to have been granted. He treats the injunction as a permanent one when it could only have been a temporary one. Further, in order to obtain the temporary injunction, Finn would have had to give the court an ‘undertaking as to damages’, something that he might have been unwilling to do, since it could have ruined him financially and put an end to his career if he was called upon to fulfil it.
Katz, Leslie, Yet Again, Anthony Trollope Fails to Steer his Little Bark Clear of the Rocks and Shoals of the Law; This Time, it’s the Rocks and Shoals of the Law of Injunctions (June 13, 2024).
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