Injunctions and other remedies


1. Injunction are granted where one is to be restrained from committing a tort.

2. They may be mandatory or prohibitory.

3. They may be interlocutory or permanent:
a) Interlocutory damages are granted before a hearing in order to maintain the status quo until the trial's conclusion:
American Cyanamid Co. v. Ethicon 1975. The following conditions must be satisfied:
aa) Serious case.
bb) Refusal to grant it could not be compensated by damages if the plaintif were to succeed.
cc) If damages would not afford an adequate remedy, the defendant would be satisfied by the plaintiff's 'undertaking as to damages' if the interlocutory injunction were to be granted, but a permanent one to be refused after the the trial.
dd) The measure must preserve the status quo, not change it.
ee) The relative strength of the parties' prima facia case has to be taken into consideration.
A recent species is the MAREVA injunction: it prevents the defendant from removing from the jurisdiction of the court assets located within that jurisdiction (Supreme Court Act 1981).
b) A permanent injunction is one which may be granted after the actual trial of the case.

4. Help yourself: If a branch of a neighbour's tree grows over, you can chop it off, but you must return it and the fruit to the neighbour:
Lemon v. Webb 1895