INJUNCTIONS
~ Remedies in Tort Law ~
1. Definition
Injunction is a court order requiring defendant (D) to do or stop an act; an equitable remedy, granted at the court’s discretion.
2. Purpose:
Prevent ongoing or anticipated harm where damages are inadequate.
Protect claimant’s (C) legal rights.
Control tortious conduct, particularly in nuisance, trespass, harassment, or defamation.
Non-compliance = contempt of court (fines or imprisonment).
3. Types:
Interim / Interlocutory Injunctions - Granted temporarily before trial to preserve the status quo. Conditions (American Cyanamid v Ethicon Ltd [1975]):
(1) Serious issue to be tried.
(2) Balance of convenience favours C.
(3) Often used where irreparable harm may occur if court waits for full trial.
Final Injunctions - Granted after trial when damages are inadequate.
Prohibitory: stops D from continuing harmful act (e.g., halting nuisance, stopping noisy machinery).
Mandatory: compels D to take positive action (e.g., repair property, install soundproofing). Criteria (Redland Bricks Ltd v Morris [1970]):
(1) Likely substantial future harm.
(2) Damages inadequate.
(3) D acted unreasonably.
(4) Court can clearly specify required action.
Precautionary / Quia Timet Injunctions - Prevents harm before it occurs. C must show imminent, substantial, and irreparable danger. Example: stopping a neighbour from starting construction likely to flood or damage adjacent land (Fletcher v Bealey [1885]).
