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Injunction

A court order that prohibits a party from doing something (restrictive injunction) or compels them to do something (mandatory injunction).

The opening paragraph of the relevant chapter of Spry's 1990 edition of Equitable Remedies cuts to the chase:

"An injunction is in order, historically of an equitable nature,  restraining the person to whom it is directed from performing a specified act, or, in certain exceptional cases ... requiring him to perform a specified act.

"Injunctions our hands often classified as either prohibitory or mandatory injunctions, according as they either restrain or require the performance of the act in question.

"They may further be classified as either interlocutory or interim injunctions, on the one hand, where the order itself is expressed to have effect only until a further hearing takes place or until a named day  or else contains some similar limitation, or perpetual injunction, on the other hand, with the order is not so limited."

REFERENCES:

  • See also Mareva injunction.
  • Spry, I., The Principles of Equitable Remedies (London: Sweet & Maxwell, 1990).

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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