Injunctions in English law are a

legal remedy A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its ...

of three types. Prohibitory injunctions prevent an individual or group from beginning or continuing actions which threaten or breach the

legal rights Some philosophers distinguish two types of rights, natural rights and legal rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', ''fundamental'' and ...

of another. Mandatory injunctions are rarer and compel a person to carry out a certain act such as make

restitution The law of restitution is the law of gains-based recovery, in which a court orders the defendant to ''give up'' their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court ...

to an

injured party A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with crime, criminal wrongs that are punis ...

. Freezing injunctions relate to funds such as bank accounts and are commonly Mareva Injunctions which are sought mainly in fraud, breach of trust and confiscatory proceedings. Injunctions are most common in cases involving significant matters of

nuisance Nuisance (from archaic ''nocence'', through Fr. ''noisance'', ''nuisance'', from Lat. ''nocere'', "to hurt") is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public (also "common") ...

, privacy and libel (reputational damage); they are relatively common remedies in major employment/agency/distribution, trust and property disputes, especially interim, interlocutory injunctions pending settlement or final hearing, whichever is the earlier where there is a clear and present danger that the matter in dispute between the parties will be wholly frustrated (such as irretrievably removed outside of the jurisdiction) if the injunction is not imposed. A final hearing only may impose a final injunction which may be equivalent to undertakings given in a legally binding settlement document.

Prohibitory injunctions

A prohibitory injunction prevents an individual or group from beginning or continuing an action which threatens or breaches the

of another. Most common types of cause of action include: *To protect confidential information obtained in a commercial relationship. *To restrain a breach of contract or enforce a restrictive covenant. *To prevent a party pursuing legal proceedings, that is, an anti-suit injunction.Free excerpt of Practical Law legal summary
Prohibitory Injunctions, Thomson Reuters, 2018, London. Damages must not be an "adequate" alternative, which word has been interpreted broadly in regards to particular classes of assets such as precious works of art, removal of obstructions to rights of way and restraint of trespass but narrowly in regards to many commercial contexts. An injunction should only be sought where no other form of remedy (for example, damages or rescission) would provide an adequate solution to the claims. The substantive claim should be investigated and formulated as fully as possible before an interim injunction is sought. If the application is made without notice, the applicant and his solicitors owe particular duties to the court including that they must make a fair presentation to the court of the material facts and the law relevant to the application (the general duty of full and frank disclosure applies). Even if the application for an injunction is made on notice, the court will expect a high standard of conduct and disclosure. Undertaking in damages. An applicant will usually be required to give certain undertakings to the court, including an undertaking in damages. A solicitor must ensure that the client fully appreciates the cost implications and consequences of the undertaking in damages before seeking an injunction. The applicant must ensure any proposed injunction could be effectively enforced. If it could not be, it will not be granted.

Types of Injunction

There are a number of different types of injunction available: *Freezing injunctions *Search injunction *

Springboard injunction A springboard injunction is a specific type of court order issued under English and Welsh law, which is typically used to prevent a former employee from misusing their former employer's confidential information. It potentially has relevance in othe ...

s *Orders directing a party to provide information about the location of property or assets *Orders requiring delivery up of property under section 4 of the Torts (Interference with Goods) Act 1977

Injunctions against Ministers of the Crown

The case of M v Home Office in 1993 established that an injunction could be issued against a minister of the crown acting in an official capacity.M v Home Office, 1993
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Family law

See: *

Non-molestation order A non-molestation order is, in English law, a type of injunction that may be sought by a victim of domestic abuse against their abuser. It is one of two types of injunction available under Part IV of the Family Law Act 1996 The Family Law Act ...

* Occupation order

Privacy

* Anonymised injunctions in English law *

Super-injunctions in English law In English tort law, a super-injunction is a type of injunction that prevents publication of information that is in issue and also prevents the reporting of the fact that the injunction exists at all. The term was coined by a ''Guardian'' journa ...

Hyper-injunctions in English law In English tort law, a super-injunction is a type of injunction that prevents publication of information that is in issue and also prevents the reporting of the fact that the injunction exists at all. The term was coined by a ''Guardian'' journa ...

* Contra mundum injunction

Other

Quia timet ; ), is a common law injunction to restrain wrongful acts which are threatened or imminent but have not yet commenced. The 1884 English legal case of ''Fletcher v. Bealey'' 8 Ch.D. 688 at p. 698stated the necessary conditions for the ...

injunctions (to mandate or restrain an action when faced with an imminent threat)

References

{{Privacy injunctions in English law English tort law English privacy law