Introduction

• injunctions can provide remedy in some tort claims (most commonly nuisance & trespass)
• injunction: court order prohibiting person from doing something or requiring person to do something
• equitable remedy so C must satisfy equity maxims: he who seeks equity must come to court with clean hands, equity does nothing in vain & delay defeats equity
• statutory provision for granting injunctions in civil courts

  Supreme Court of Judicature (Consolidation) Act 1925

  • S45: .. an injunction may be granted... in all cases in which it shall appear to the Court to be just or convenient...

Classification

• injunctions may be classified in relation to stage of proceedings granted
• final injunctions: granted at end of full trial & hearing
• interim injunctions: granted before end of full trial & hearing & even before proceedings have properly commenced
• interim injunction: court must find that the balance of convenience is satisfied (harm to claimant (C) more without injunction than harm to defendant (D) to grant it)
• interim injunctions may be granted: without notice (in emergencies for few days) or with notice (other side informed & full hearing held)
• injunctions can be further divided into different types
• prohibitory injunction: court order forbids D from continuing to act in particular way
• mandatory injunction: court order requires D take action to rectify consequences of their act
• quia timet injunction: rare court order aims to prevent apprehended legal wrong (C must show: damage is near certain to occur, damage is imminent & D will not be restrained without the court order

Damages

• statutory provision to award damages in conjunction with or as substitute for damages (Chancery Amendment Act 1858 (Lord Cairn's Act) )
• if C awarded damages in substitution for injunction he may not later apply for an injunction (damages will cover all past, present & future losses)
• in some cases damages may be a more adequate remedy than an injunction

  Shelfer v City of London Electric Lighting Co [1895] 1 Ch 287

  Facts:

  • P's pub was suffering structural damage due to D's nuisance

  Issue:

  • when should damages be awarded in lieu of an injunction?

  Held:

  • Smith LJ:
    (1) If the injury to the plaintiff's legal rights is small
    (2) And is one which is capable of being estimated in money
    (3) And is one which can be adequately compensated by a small money payment
    (4) And the case is one in which it would be oppressive to the defendant to grant an injunction: - then damages in substitution for an injunction may be given...