How wide is the term injunction, and why are they granted Essay Example
A court order called injunction can prohibit or compel a party to do something if the case is deemed unfair. These are called equity remedies. Specific Performance is a type of injunction that requires someone to fulfill their promise.
The claimant must consider the damages to be insufficient in order for an injunction to be granted. Additionally, the court must be confident that the injunction will be obeyed and it must be deemed equitable. Examples of cases where specific performance was ordered include Wilson v Northampton & Banbury Junction Railway Co. (1874) and Co-operative Insurance v Argyll Stores (Holdings) Ltd. (1997). An interlocutory injunction is designed to safeguard a party's rights during litigation until the matter is formally heard.
Temporary halts to actions can be brought about through interlocutory injunctions, which are contingent on certa
...in factors. These include the plaintiff's case strength, the irreparable harm they will experience if not granted, as well as a consideration of the balance of convenience- which examines both the burdens and conveniences that may arise. One case example is American Cyanamid Co v Ethicon Ltd (1975),"Quia Timet" (because you fear), wherein a Quia Timet injunction may be issued against a threatening defendant. This type of injunction is designed to protect individuals who fear the behavior of others and prevent them from approaching such individuals.
One example of an injunction is when a man is prohibited from approaching his wife if he is assaulting her. However, many Quia Timet injunctions are not granted due to several reasons such as: the case being mostly speculative, lack of proof which is difficult to obtain, and no harm having occurred. These reasons were prominent in
Day Vs. Brownrigg (1878) where an individual was being stalked but had not communicated with the stalker and there was no physical evidence. This made the case challenging to obtain an injunction for.
The Public Interest injunction serves to safeguard the public by preventing certain actions, as demonstrated in the legal case of Attorney General v Harris. Harris was accused of violating his license on 237 counts, but was subject to an injunction that prohibited him from breaking the law.
Harris sold alcohol without a permit after specific hours, which was against the law. Despite this, Harris persisted in his unlawful behavior because it was cheaper to pay the fine for each violation. However, due to negative impacts on public interest, Harris was prevented from continuing this behavior by a public interest injunction. Furthermore, Anton Piller Order is an injunction that allows obtaining a search warrant named after Anton Piller. He used it when he suspected that someone unlawfully copied his product in their factory. Nevertheless, these types of injunctions are rarely granted as they are intrusive and issued only against individuals rather than companies.
The Anton Piller case is relevant when the court suspects that evidence, such as papers or movable property like cash or pirated movies, may be at risk of being destroyed or taken away by the defendant. In these circumstances, the defendant must allow the plaintiff to examine the property. The Mareva Order also relates to freezing assets owned by third parties. In Mareva v International bulk carrier's case, a Mareva injunction prevented a ship from leaving port.
In order to apply for a Mareva injunction, it is important to consider certain factors. One crucial
element is the likelihood that the assets in question will be removed, such as if a vessel is scheduled to dock at a different port soon.
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