Dictionary

  • Injunction

    An equitable court order requiring the party to whom it is addressed either to do something or to refrain from doing something.

    There are two types of injunctions.

    • The most common type of injunction takes the form of a court order which prevents a person from doing something, like selling land, breaching a contract, or disclosing confidential information.

    • The less common type of injunction is also a court order, known as a mandatory injunction. It compels a person to do something, like demolishing a building, giving business consent, publishing a correction, or making a payment.

    Anyone seeking an injunction must prepare an affidavit detailing evidence supporting their claim. It must attach all relevant documents, and outline the facts and circumstances leading up to the application for injunction. A court will not grant an injunction without a proper affidavit.

    Injunctions may be granted on an interlocutory or final basis.

    Interlocutory injunctions seek to maintain the status quo while proceedings are in progress, whereas final injunctions seek to remedy a situation and form part of a legal judgment.

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