Overview An injunction is a court order compelling the person to whom it is addressed to do or refrain from doing something specified in the order. More commonly, because of the practicality of enforcement, they will restrain a person from doing a particular act. It will, accordingly, be framed in negative terms in most cases. The Court will always retain […]
Injunctions without Notice The High Court and Circuit Court have powers to grant injunctions, including an interim and interlocutory injunction. The District Court does not have the power to grant equitable remedies such as an injunction. Administrative tribunals, such as the Employment Appeals Tribunal, do not have the power to grant an injunction. The Courts which exercise equitable jurisdiction (the […]
The Pre-Trial Injunction An injunction may be granted at an early stage in proceedings to preserve the status quo until the full trial. Legislation and Court rules provide that an injunction may be granted where the court thinks that it is just. Generally, an injunction is prohibitory, i.e. it is worded in the negative. Injunctions are equitable remedies. Their origin […]
Mareva Injunction In exceptional cases where a necessity can be shown, the court may make an order (usually) at the commencement of litigation in order to freeze the assets (or some of the assets) of the defendant. The purpose is to ensure that the assets concerned are not removed from the jurisdiction (outside the control of the court), which may […]
Nature of Order An Anton Piller order is a relatively novel type of injunction which may be granted prior to trial. Its purpose is to preserve evidence. It requires the defendant to permit the claimant, together with (usually) a solicitor, to attend at the defendant’s premises in order to inspect and, if necessary, take copies of documents mentioned in the […]