Types of Injunctions
Injunctions are equitable remedies found in the form of a court order which could either require a party to do or to refrain from doing a certain act. Courts generally only exercise the power to grant an injunction where the applicant party can prove that without such remedy irreversible injury to the rights of a person can result otherwise.
A party which fails to follow an injunctive order faces civil or criminal penalties and may even have to pay damages. Not adhering to the orders of an injunction is a serious offense, and it can lead to arrest and prison sentence.
Depending on the circumstance of the case, there are various types of injunctions which the court can grant. In this article, we will only look at a few types.
A preventative or prohibitory injunction is used to restrain a party from performing an act. This kind of injunction helps prevent injury, preserving an individual's status quo and preventing the commission of some wrong doing. It is imperative to note that these types of injunction cannot be utilised to undo what has already been performed... it can only be granted on a preventative basis.
An example of where the courts may grant a an inhibitory injunction is as follows: If you own a home that is surrounded by old trees and your next door neighbor claims that the trees belong to him and so he plans to cut them, the court may grant an injunction preventing him or her from cutting the trees till the matter is resolved.
Prohibitory injunctions are also used by the courts to prevent people from publishing certain matter. Furthermore, these types of orders can be issued by the court to prevent a person from leaving a country.
A temporary or interlocutory injunction is a provisional remedy invoked in order to preserve the subject in its current condition. These types of injunctions are important where immediate relief is the main concern. Interlocutory injunctions can be prohibitory in nature (as discussed above), or they may compel certain activities. Orders that command a certain act be performed are called mandatory injunctions.
An example of a situation where a mandatory injunction could be granted by the court is where evidence has been improperly withheld by a party to a dispute, and the courts mandates that the party produce it to the other side. Once a court compels someone to act in a positive manner, the results cannot be undone. A mandatory injunction therefore, often has more severe results than a prohibitory injunction, and as such, they are not granted by the courts as often.
As opposed to the interlocutory injunctions discussed above, perpetual or permanent injunctions are those that are granted by judgment. This disposes of injunction suit as it is given at the moment of final judgment in a case. Providing final relief, perpetual injunctions provide permanent conditions.