Updating injunctions

By its nature, by requiring the party to which it is directed to take positive steps and not merely not to do something, a mandatory injunction can have inconvenient, onerous and potentially costly implications.

In addition, in circumstances where such mandatory orders will form most, if not all, of the principal reliefs sought in the underlying proceedings, the granting of such injunctions effectively gives the applicant the benefit of the victory at trial without actually having to succeed at trial.

Comment The case has confirmed the general approach of the courts to the granting of mandatory injunctions on an interlocutory basis.

Today, injunctions are generally recognised as a flexible and versatile form of remedy and are used with increasing frequency in modern litigation.

Types of injunction Various types of injunction can be obtained under Irish law, depending on the relevant circumstances.

In many cases where someone commits a legal wrong the court will simply order them to pay the other party a sum of money as compensation.

But there are some circumstances where an award of money is not really adequate to do justice in the case and, in such cases, the court may issue an injunction - sometimes there is both an injunction and an award of money.

Leave a Reply