Outcomes

Injunction

A court order telling someone to do something or to stop doing something.

Definition

An injunction is an equitable remedy granted by a court requiring a party either to do a specific act (a mandatory injunction) or to refrain from doing something (a prohibitory injunction). Injunctions can be interim — granted quickly to preserve the position until a full hearing — or final, made at the conclusion of a case. Breach of an injunction is contempt of court, which can result in a fine or imprisonment. The court's power to grant injunctions derives from the Senior Courts Act 1981, s.37 and the County Courts Act 1984, s.38.

In practice

If you need urgent protection — for example to stop a neighbour damaging shared property, or to prevent an employer from enforcing an unlawful non-compete clause — you can apply for an interim injunction on short notice. You will need to show a serious question to be tried and that the balance of convenience favours the injunction. See the Civil Procedure Rules, Part 25 for the procedure.

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