In a tweet a little while ago, I wondered:
If Equity can develop new orders/injunctions when necessary (eg Cartier v BT  UKSC 28  (Sumption)), can it develop anti-SLAPP orders?
The answer to this question falls into two stages. The first, which I will consider in this post, is the extent to which equity can generate a new order or injunction. If it can, then the second stage, which I will consider in a future post, is whether it can develop a new order or injunction to prevent strategic lawsuits against public participation (anti-SLAPP orders).
The answer to question whether equity can generate a new order or injunction, and the background to Cartier, begins with section 25(8) of the Judicature Act, 1873, which provided that a “mandamus or an injunction may be granted or a received appointed by an interlocutory order of the court in all cases in which it shall appear to the court to be just and convenient”. In Beddow v Beddow (1879) 9 Ch D 89 (pdf), Jessel MR held that if “this can be done on by interlocutory application a fortiori it can be done at the trial of the action”.…