An injunction pending a special leave application may be granted even where the prospects of special leave are weak, if the consequence of not granting the injunction would be to render the appeal futile or nugatory — particularly where a privative clause would immunise the impugned action from challenge once taken. The various formulations in the authorities for the 'futility' factor (preserving the subject-matter, preserving the integrity of the litigation, practical difficulties, real risk of inability to restore the former position, futility, foreclosing the utility of an appeal) represent points on a spectrum of the effect on the appellant's interests, not distinct legal tests.
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