Introduction

Injunctions can provide a remedy in some tort claims and are most commonly used in the torts of nuisance and trespass. An injunction is an order of the court prohibiting a person from doing something or requiring a person to do something. It is an equitable remedy. Therefore, in order to be granted an injunction, a claimant must satisfy the maxims of equity: he who seeks equity must come to court with clean hands, equity does nothing in vain and delay defeats equity.

There is statutory provision for granting injunctions in civil courts.

Classification

Injunctions may be classified in relation to the stage at which they are granted

• Final

  Final injunctions can be granted at the end of a full trial and hearing in the matter.

• Interim

  Interim injunctions may be granted before the end of a full trial and hearing and even before proceedings have properly commenced. In order for an interim injunction to be granted the court must find that the balance of convenience is satisfied (it would harm the claimant more to go on without the injunction than it would harm the defendant to grant it).

  Without notice

  In extreme emergencies the claimant may apply for a short temporary injunction (lasting a few days) without informing the other side. A full hearing will be held before the injunction ends, so the court may hear the arguments.

  With notice

  A claimant must give the other side is given notice of an application being made to obtain an injunction and both parties will be heard at the hearing.

Injunctions can be further divided into different types.

• Prohibitory

  The court order forbids the defendant from continuing to act in a particular way.

• Mandatory

  The court order requires the defendant to take action to rectify the consequences of their act.

• Quia timet

  The court order aims to prevent an apprehended legal wrong. These are very unusual and require the claimant to prove that: the damage is near certain to occur, the damage is imminent and that the defendant will not be restrained without the court order.

Damages

There is statutory provision to award damages in conjunction with or as a substitute for damages (Chancery Amendment Act 1858 (Lord Cairn's Act) ). However, if a claimant is awarded damages in substitution for an injunction he may not later apply for an injunction, as the damages will cover all past, present and future losses. In some cases damages may be a more adequate remedy than an injunction.