Injunctions Flashcards
What is an injunction?
A court order, to prevent someone from doing something or to force someone to do something.
When are injunctions most commonly used?
In torts such as nuisance and trespass.
What are prohibitory injunctions
Order from court preventing D from committing a tort or continuing it.
When are prohibitory injunctions used?
Sought in nuisances cases where C wants activities to stop. Watson v Croft Promo-sport
What are mandatory injunctions?
Order from court to compel D to act in particular way.
When are mandatory injunctions used?
Where C wants D to act in a particular way.
What are partial injunctions?
An order to limit D’s activities or reduce them
When are partial injunctions used?
Usually granted where the tort has some public benefit - Kennaway v Thompson
When are damages awarded in lieu of an injunction?
When social interest outweighs claimant’s interest - Miller v Jackosn
Watson v Croft Promo-sport
Complained about motor-racing circuit - Prohibitory injunction
Kennaway v Thompson
Water sports facility very loud - Partial injunction - reduced frequency
Miller v Jackson
Cricket game and balls going into garden - Damages instead of an injunction - public interest outweighed
