Words & Phrases Legally Defined/Words and Phrases Legally Defined/I/Injunction

Injunction
An injunction is a judicial remedy by which a person is ordered to refrain from doing or ordered to do a
particular act or thing. In the former case it is called a prohibitory or restrictie injunction! and in the latter
a mandatory injunction. "ither type of injunction may be interim or perpetual. An injunction is a remedy of
an e#uitable nature! and therefore acts in personam. Accordingly! an injunction affecting land does not
run with the land. $%% &alsbury's Laws of "ngland $(th "dn) $*++,) para --%)
Interlocutory/Interim
.he object of an interim injunction is to presere matters pending the trial of matters in dispute! and an
interim injunction may be granted without notice in an emergency. With limited e/ceptions the person
applying for an interim injunction must always gie an underta0ing to pay damages in case it should turn
out at the hearing that he is in the wrong. 1uch an injunction is usually so framed as to continue in force
only until the hearing of the cause or until further order. It cannot be considered in argument as affecting
the ultimate decision of a cause. It does not assume finally to dispose of the #uestion of the legal right!
and will only impose such restraint as may suffice to stop the mischief complained of! or! where the
object is to stay further injury! to 0eep things as they are at the moment. $%% &alsbury's Laws of "ngland
$(th "dn) $*++,) para --2)
Mandatory
3ormerly the 4ourt of 4hancery would not direct the performance of a positie act! but by restraining a
defendant from allowing things to remain as they were! as! for e/ample! from allowing buildings to
remain on land! indirectly accomplished the same result. An order so framed was called a mandatory
order5 but now all mandatory injunctions should be in the direct mandatory form! as! for e/ample! by
directing buildings to be pulled down and remoed. $%% &alsbury's Laws of "ngland $(th "dn) $*++,)
para --*)
'.he jurisdiction of this court! so far as it parta0es of the nature of a preentie remedy! that is! prohibition
of further damage or an intended damage! is a jurisdiction that may be e/ercised without difficulty! and
rests upon the clearest principles. 6ut there has been superadded to that the power of the 4ourt to grant
what has been denominated a mandatory injunction! that is! an order compelling a defendant to restore
things to the condition in which they were at the time when the plaintiff's complaint was made.' Isenberg
v East India House Estate Co Ltd $%78-) - De 9 : & 1m! *8- at *;*! per Lord Westbury L4
Mareva injunction/Freezing injunction
<.he plaintiffs claimed damages against the defendants for repudiation of a charterparty! and for unpaid
hire. .here was a danger that the defendants! in order to defeat the plaintiff's claim! might transfer assets
out of the jurisdiction. .he plaintiffs were granted an injunction to preent this from happening.= 'If it
appears that the debt is due and owing! and there is a danger that the debtor may dispose of his assets
so as to defeat it before judgment! the court has jurisdiction in a proper case to grant an interlocutory
judgment so as to preent him disposing of those assets. It seems to me that this is a proper case for the
e/ercise of this jurisdiction. .here is money in a ban0 in London which stands in the name of these
charterers. .he charterers hae control of it. .hey may at any time dispose of it or remoe it out of this
country. If they do so! the shipowners may neer get their charter hire. .he ship is now on the high seas.
It has passed 4ape .own on its way to India. It will complete the oyage and the cargo will be
discharged. And the shipowners may not get their charter hire at all. In face of this danger! I thin0 this
court ought to grant an injunction to restrain the charterers from disposing of these moneys now in the
ban0 in London until the trial or judgment in this action. If the charterers hae any grieance about it
when they hear of it! they can apply to discharge it. 6ut meanwhile the shipowners should be protected.
It is only just and right that this court should grant an injunction.' Mareva Companiana Naviera SA v
International Bulk Carriers SA, The Mareva <%,;(= * Lloyd's >ep (+,! 4A5 see also <%,7+= % All "> *%-
at *%(! 4A! per Lord Denning ?>
'I would not limit the ?area principle. It seems to me! as Lord &ailsham of 1t ?arylebone indicated in
the Siskina case <Siskina !"ners# v $istos Compania Naviera SA, The Siskina <%,;;= - All "> 7+-!
&L=! that the law is deeloping in this field. "en when a defendant may be present in this country and is
sered here! it is #uite possible that a ?area injunction can be granted. 4ounsel for the 4hartered 6an0
told us that it has already been done from time to time in the 4ommercial 4ourt. "eleigh L: made this
suggestion@ suppose a person was able to be sered here because he was on a short isit for a
wee0end! or had dropped in for an hour or two! and was sered! would that ma0e all the difference as to
whether a ?area injunction could be granted or notA .hat cannot be. .he law should be that there is
jurisdiction to grant a ?area injunction! een though the defendant may be sered here. If he ma0es a
fleeting isit! or if there is a danger that he may abscond or that the assets or moneys may disappear
and be ta0en out of the reach of the creditors! a ?area injunction can be granted.' Chartered Bank v
$aklon%he <%,7+= % All "> *+( at *%+! 4A! per Lord Denning ?>
<A ?area injunction coering assets abroad should proide that it does not affect the rights of third
parties e/cept to the e/tent that the order is enforced by the courts of states in which the defendant's
assets are located@ Babana&t International Co SA v Bassatne <%,7,= % All "> 2--! &L.=
A ?area injunction is now 0nown as a freeBing injunction. 1ee! generally! %% &alsbury's Laws of
"ngland $(th "dn) $*++,) para -,8 et se#.
Perpetual
A perpetual injunction is granted after a final determination of the rights of the parties. It obiates the
necessity of bringing action after action in respect of eery infringement of the rights so determined. $%%
&alsbury's Laws of "ngland $(th "dn) $*++,) para ---)
---- End of Request ----
Download Request: Current Document: 1
Time Of Request: Friday, October 21, 211 1!:1":!#