Injunctions

Question 1

Injunction

Answer 1

restrains a party from engaging in particular conduct or requires a party to perform a particular action
usually for an ongoing or future harm
when damages are inadequate or impossible to calculate, an injunction can be granted

Question 2

Positive/Mandatory Injunctions

Answer 2

requires the defendant to do something
- restoractive or enforcing
- courts are reluctant to grant positive injunctions

Question 3

Negative Injunctions

Answer 3

restrains the defendant from doing something

Question 4

Interim Injunctions

Answer 4

granted in cases of emergency and only lasts a short period of time
sought in ex parte / in camera
Ex parte/ In camera :
1. must have merits claim
2. must be an emergency or fraud
3. must satisfy interlocutory standards

Question 5

Preliminary/ Interlocutory Injunctions

Answer 5

granted when an applicant complains of continuing harm which may not be possible to compensate with damages

Question 6

Criteria for Interlocutory Injunctions

Answer 6

1. Must be a serious question
2. Damages are inadequate
3. The balance of convenience must be in favour of granting the interlocutory injunction

Question 7

The Balance of Convenience

Answer 7

• test of which mistake is easier to fix later
• if its easier to correct an injustice to the defendant, then they will grant the interlocutory injunction to the plaintiff.
• if its easier to correct an injustice to the plaintiff, then they won’t grant the interlocutory injunction to the plaintiff

Question 8

Perpetual/ Final Injunctions

Answer 8

Final stage, granted after full hearing, discretionary
CRITERIA:
- must have prevailed on the merits
- a right is being breached
- damages are inadequate or impossible to calculate.