Injunction

An equitable remedy in which a court orders a party to perform, or refrain from performing, a particular act. A prohibitory injunction is an order forbidding a party from performing an act; a mandatory injunction is an order to perform an act. An injunction may be temporary, in place until judgment is entered (called a preliminary injunction (www.practicallaw.com/0-502-5651) in the US and an interim injunction in the UK); or permanent, continuing after the conclusion of proceedings either perpetually or until a specified date (a final injunction). Courts usually grant injunctions as final remedies only where the applicant demonstrates that:

  • Its legal right has been infringed (or is about to be infringed).

  • Money damages are inadequate compensation.

An injunction needs to be in clear terms so that a party can understand what it must, or must not, do. If a party violates the terms of an injunction, it may be held in contempt of court.

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