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An injunction can require someone to do something, like clean up an oil spill or remove a spite fence. Or it can prohibit someone from doing something, like using an illegally obtained trade secret. An injunction that requires conduct is called a "mandatory injunction." An injunction that prohibits conduct is called a "prohibitory injunction."
Injunctions in English law are a legal remedy of three types. Prohibitory injunctions prevent an individual or group from beginning or continuing actions which threaten or breach the legal rights of another. Mandatory injunctions are rarer and compel a person to carry out a certain act such as make restitution to an injured party.
Injunction, a prohibitory writ restraing a person from doing a thing which appears to be against equity and good conscience. 3 Bac Abr 172. [ 14 ] Writ of inquiry , a judicial writ to the sheriff upon a judgment by default, commanding him to summon a jury to inquire what damages plaintiff has sustained.
A "writ of prohibition", in the United States, is a court order rendered by a higher court to a judge presiding over a suit in an inferior court. The writ of prohibition mandates the inferior court to cease any action over the case because it may not fall within that inferior court's jurisdiction.
An interlocutory injunction was sought by property owners Heah Seok Yeong in the case of Sivaperuman v. Heah Seok Yeong Realty Sdn Bhd in the Federal Court of Malaysia in 1978. Sivaperuman had been dismissed from his work at the Sungei Chinoh Estate in Perak, but had remained in residence on the estate. While the wording in the injunction ...
A Michigan judge has issued a preliminary injunction against the state's mandatory 24-hour waiting period before receiving an abortion, as well as the state's "informed consent" law and a ban on ...
A mandatory order (formerly a writ of mandamus) compels public authorities to fulfill their duties. Whereas quashing and prohibition orders deal with wrongful acts, a mandatory order addresses wrongful failure to act. A mandatory order is similar to a mandatory injunction (below) as they are orders from the court requiring an act to be performed.
The leading case is Lumley v Wagner, which is an English decision. [8] Additionally, in England and Wales, under s. 50 of the Senior Courts Act 1981, the High Court has discretion to award a claimant damages in lieu of specific performance (or an injunction). Such damages will normally be assessed on the same basis as damages for breach of ...