Remedies: Injunctions

[Flash Card 1 of 1]

• equitable remedy / C must satisfy equity maxims: he who seeks equity must come to court with clean hands / equity does nothing in vain / delay defeats equity
• injunctions may be granted / civil courts (Supreme Court of Judicature (Consolidation) Act 1925 S45)

Classification

• final: granted end of full trial & hearing
• interim: anytime before end / balance of convenience satisfied: harm to C more without injunction / than harm to D to grant / without notice (emergencies for few days) / with notice (other side informed & full hearing held)
• prohibitory: forbids D from continuing act in certain way / mandatory: requires D take action to rectify consequences of their act
• quia timet: rare / prevent apprehended legal wrong / C must show: damage near certain to occur / damage imminent / D not restrained without court order

Damages

• injunction / conjunction with or substitute for damages (Chancery Amendment Act 1858 (Lord Cairn's Act))
• damages substitution for injunction: C not later apply for injunction / damages will cover past present & future losses)
• damages more adequate remedy than injunction: oppressive to D to grant injunction / injury: to C's rights small / capable estimated in money / adequately compensated by money (Shelfer v London Electric Lighting [1895])

bits of law