U2 AOS2 - Injunctions and Their Effectiveness

Question 1

Mandatory injunction

Answer 1

• Forces a party to do something
  
  • Ordering a party to demolish a wall that they built on someone else’s land

Question 2

Restrictive injunction

Answer 2

• Prevents a party from doing something
  
  • Preventing a property from being sold

Question 3

Interlocutory injunction

Answer 3

• Lasts for a short time and is often awarded in urgent circumstances
  
  • A short term injunction to prevent the demolition of a house until a court can resolve a dispute regarding whether the owner is or is not entitled to demolish it

Question 4

Final injunction

Answer 4

• Permanent injunction that is ongoing
  
  • Presenting a publisher from printing a defamatory book

Question 5

Effectiveness - correct harm by returning plaintiff to original position

Answer 5

• Strengths:
  
  • A final injunction could be useful in a nuisance case. In a nuisance case when noise existed, a final injunction could be useful as it permanently prevents that noise from occurring again and restores the plaintiffs to that position where there was no noise
• Weaknesses:
  
  • Loss has often already occurred (except, potentially, for restrictive injunctions)

Question 6

Effectiveness - prevent harm from occurring or worsening

Answer 6

• Strengths:
  
  • All injunctions prevent harm
  • If harm did not occur, then a restrictive injunction can prevent this harm from occurring
• Weaknesses:
  
  • An interlocutory injunction is not permanent, meaning that defendant can recontinue their harm
  • They may need to be caught to identify the injunction has been complied with, leading to more costs or stress

Question 7

Effectiveness - deter civil breaches

Answer 7

• Strengths:
  
  • They swiftly halt or prevent, especially final injunctions which are permanent, which leads to significant deterrence
• Weaknesses:
  
  • People can disregard injunctions which may need extra legal proceedings to then resolve