injunctions

• injunctions


  • most common equitable remedy
  • awarded where damages would be an inadequate remedy
  • subject to the maximums of equity: must come with clean hands, equity does nothing in vain
• types of injunctions

  • prohibitory injunctions
  • mandatory injunctions
• prohibitory injunctions

  • most common form of injunction
  • d ordered to stop doing something
• mandatory injunctions

  • compel D to take a particular action to rectify the situation
  • (leeman v montague)
  • relatively uncommon as it imposss a burden on D
• case of Kennaway v Thompson

  1. damages in lieu of an injunction should only be used in exceptional circumstances
  2. injunctions may limit the nuisance, rather than preventing it entirely