; ),
is a common law
injunction
An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable rem ...
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
equity courts to grant an injunction in such cases:
# proof of imminent danger;
# proof that the threatened
injury will be practically irreparable; and
# proof that whenever the injurious circumstances ensue, it will be impossible to protect
plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the ...
's interests, if relief is denied.
''Brevia anticipantia''
remedies were
writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrant (legal), Warrants, prerogative writs, subpoenas, and ''certiorari'' are commo ...
s at
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
. According to
Lord Coke, "there be six writs of law that may be maintained quia timet, before any molestation, distress, or impleading; as. 1. A man may have his writ or
mesne, before he be distrained. 2. A
warrantia chartae, before he be imploded. 3. A
monstraverunt, before any distress or vexation. 4. An
audita querela, before any execution sued. 5. A
curia claudenda before any default of inclosure. 6. A
ne injustice vexes, before any distress or molestation. And those are called brevia anticipantia, writs of prevention."
[ Coke on Littleton 100]
injunctions
injunctions refer to a type of injunction in English law obtained where a wrong is anticipated. literally means "because he fears".
According to ''
Graigola Merthyr Co Ltd v Swansea Corpn'' to obtain a injunction there must be an immediate threat to do something.
[Jonathan Garton, Graham Moffat, Gerry Bean, Rebecca Probert (2015) ''Moffat's Trusts Law: Text and Materials'', Cambridge: Cambridge University Press, p. 724] Moffat's Trusts Law states that a injunction can both prohibit something or mandate something to occur.
[
]
References
Legal documents with Latin names
Equity (law)
Writs of prevention
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