Injunction in United Kingdom

Concep of Injunction in Procedural Law

In this context, a short definition of Injunction may be the following: A court order prohibiting a person from doing something or requiring a person to do something.

Meaning of Injunction

The following is an old definition of Injunction [1]: A remedial writ, formerly issued almost exclusively by a court of chancery, to restrain the commission of a threatened act, or the continuance of an act. A judicial process operating in personam, and requiring the person to whom it is di- rected to do or to refrain from doing some particular thing. Enjoin. To prohibit by an injunction.2 Preliminary injunction. An injunction granted at the outset of a suit brought to restrain the doing of a threatened act, until the rights of the disputants have been determined. Called also an interlocutory or provisional injunction, or an injunction pendente lite; and, also, a mandatory or preventive injunction, according as the order is to do or refrain from doing the particular act. Opposed, final injunction: issued upon final adjudication of the rights in question. Being designed to effect permanent relief, is frequently termed the perpetual injunction. The object of a preliminary or interlocutory injunction is, in general, simply preventive – to maintain things in the condition they are in at the time, until the rights and equities of the parties can be considered and determined after a full examination. Such injunction is never awarded, except when the right or equity of the plaintiff is clear, at least supposing the facts of which he gives prima facie evidence to be ultimately established. All injunctions are generally processes of mere restraint; yet final mjunctions may certainly go beyond this and command acts to be done or undone. They are then called ” mandatory; ” and often are necessary to do complete justice. But the authorities are clear that an interlocutory or preliminary Injunction cannot be mandatory. . . Injunction as a measure of mere temporary restraint is a mighty power to be wielded by one man. .. An interlocutory injunction may be granted on an ex parte application; when it is upon notice it is upon ex parte affidavits. As a preliminary injunction is in its operation somewhat like judgment and execution before trial, it is only to be resorted to from a, pressing necessity to avoid injurious consequences which cannot be repaired imder any standard of compensation. As it is, in fact, the result of an interlocutory decree in advance of a regular hearing and plenary proofs, it should never be granted except where irreparable mjuryis threatened; and the court should be satisfied that in attempting to prevent such injury as to one party it will not bring like injury upon the adverse party. An injunction is generally a preventive, not an affirmative, remedy. But it is sometimes used in the latter character to cany into effect a court’s own decree; as, to put into possession the purchaser under a decree of foreclosure of a mortgage. Where granted wittout a trial at law, it is upon the principle of preserving the property until a trial at law can be had. A strong privia facie case of right must be shown, and there must have been no improper delay. In granting or refusing the writ, the court exercises a careful discrimination. A court of equity may substitute a bond of indemnity for an injunction, if the ends of justice will thereby be promoted: especially if a public interest may suffer by the continuance of an injunction. An injunction is available to stay proceedings at law; to restrain the transfer of stocks, notes, bills, and other evidences of debt; to restrain the transfer of the possession or title to property; to restrain one from setting up an inequitable defense at law; to restrain the infringement of a patent, a copyright, a trade-mark; to prevent the removal of property or the evidence of title to property or of indebtedness out of the jurisdiction; to restrain the commencement of proceedings in a foreign court; to restrain an illegal act by municipal officers; to prevent the creation or the continuance of a niiisance; to restrain acts of waste. A court of equity has no power to enjoin the prose- cution of an offense in a court of common law. But there must be no plain, adequate, and complete remedy at law. The writ will not be granted at all while the rights between the parties are undetermined, except, as seen, where iiTeparable injury will be done. The petition or bill must sufflcientiy appraise the respondent as to what duty is required of him. An injunction must be respected while in force, although improperly granted; but it cannot affect the rights of a person who is not a party or privy to the proceeding. In England, a common injunction has been issued as of course when the defendant failed to enter his appearance or to answer the bill within the prescribed time; and a, special injunction, by leave of court, upoh proof of the charges and notice to the adverse parties. At present, it seems, that any court of that country may issue injunctions of all kinds. See Adequate,2; Equity; Injury, Irreparable.

Resources

Notes and References

1. Concept of Injunction provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)

Concept of Injunction in IP Law

[rtbs name=”intellectual-property-law”]Lambert defined injunction as follows: Order of a court to do or refrain from doing something on pain of punishment for disobedience.