Injunctions

Question 1

What are the 2 types of injunctions?
When are they ordered by court?

Answer 1

Prohibitory- prevent a party from performing an act
Mandatory- insist on performance

Question 2

An example, where prohibitory inj. was granted

Answer 2

Warner Bros v Nelson 1937- prohibits a breach of contract
Lumley v Wagner 1852- court ensured singer doesn’t contract with anyone else
Araci v Farlton 2011- not to ride horse anywhere else, comply with agreement

Question 3

Prohibitory injunction, not granted…

Answer 3

Page One Records v Britton 1967- court didn’t want to force unwilling parties to work with each other

Question 4

An example of mandatory inj:

Answer 4

Luganda v Service Hotels 1969- wrongfully evicted tenant.
COURT RESTORES POSITION, WHICH HAD EXISTED PRIOR TO BREACH

Question 5

What about damages instead of S.P. or INJ.? Contrast Common Law and Statutes

Answer 5

Common Law: Morris-Garner v One Step Ltd 2018- economic value of right, which court declined to enforce
Statute- Senior Courts Act 1981- section 50- power to award damages instead of or as well as s.p/inj.