Prohibitory injunction

Prohibitory injunction
See also
Policy instrument Restrictive endorsement Aggravated damages Summary offense Letter of administration Vesting order Gift in trust Sole agent Overt discrimination

According to the prohibitory injunction, the defendant has to refrain from an action. One of the examples is that the injunctions can be expended in the family law context in a case to prevent "person one" from passing within a given radius of "person two's" home. Alternatively, when the defendant uses land in an inappropriate way, leading water to leak into the land of another person, order by way of prohibitory injunction might be made by a court - stopping the activity of the defendant, which is leading water to escape into the other person's land.

Types of the injunction

Injunctions can be classified according to the way how they achieve their goals. One of the examples can be an injunction which is built in the way to stop some kind of activity. Thereby a group of people can be required to stop demonstrating on a property which belongs to another or more appropriately for our purposes, a fiduciary might be ordered to depart from acting in breach of his duty. That type of injunction, named a prohibitory injunction can be then characterized as having a negative effect. By contrast, a mandatory injunction expressed is in the way that it orders some kind of activity to be carried out.

Prohibitory and mandatory injunctions

Difference between prohibitory and mandatory injunctions are:

• a prohibitory injunction restraining the defendant from doing something,
• a mandatory injunction demands from the defendant to do something.

An injunction is prohibitory or mandatory if is strictly speaking about a matter of substance, not about the form of words used. Thus, an order restraining is mandatory to the defendant from not doing something. An order demanding is prohibitory for the defendant to stop doing something. The difference can be meaningful because a claimant is supposed to enunciate a mandatory order in positive terms, however, a mandatory order is much harder to obtain than a prohibition order.

Reference to the prohibitory injunction that is the primary remedy does not mean that it will never be refused.

There is two main refusals ground :

• the claimant has acted inequitably,
• the claimant has acquiesced in the wrong.

Examples of Prohibitory injunction

• An injunction can be used to prevent a person from entering a certain property or area, such as a neighbor's property, a workplace, or school.
• A court order can be issued to prohibit a person from making any contact with another person, such as no communication of any kind, no phone calls, no emails, no letters, and no physical contact.
• A prohibition against domestic violence can be issued to prohibit a person from engaging in acts of violence, abuse, or harassment against another person.
• A court order can be issued to prohibit a person from engaging in certain activities such as gambling, drinking alcohol, or using drugs.
• An injunction can be issued to prohibit a person from using or possessing a firearm.
• An injunction can be issued to prohibit a person from engaging in certain business activities such as selling alcohol or drugs.
• A court order can be issued to prohibit a person from transferring, selling, or disposing of any assets.
• An injunction can be issued to prohibit a person from destroying or tampering with evidence.

Advantages of Prohibitory injunction

Prohibitory injunctions are a type of court order that can be used to prevent a person or entity from taking certain actions. There are several advantages to using a prohibitory injunction, including:

• Providing an effective and swift means of conflict resolution – A prohibitory injunction can be issued quickly, allowing a dispute to be settled quickly and efficiently.
• Enforcing the terms of a contract – Prohibitory injunctions can be used to enforce the terms of a contract if one party is not complying with the terms of the agreement.
• Preventing further damage or harm – If a person is engaging in harmful behavior, a prohibitory injunction can be used to prevent them from continuing the behavior.
• Establishing a sense of security – A prohibitory injunction can give an individual a sense of security if they are facing a potential threat or danger.

Limitations of Prohibitory injunction

A Prohibitory injunction is a court order that prohibits a party from engaging in certain activities. However, there are a number of limitations to this type of injunction, such as:

• It does not necessarily guarantee that the defendant will comply with the order, as it is up to the individual to abide by the injunction.
• It is not a permanent solution, as the court order is only temporary, and the injunction can be reversed or modified by the court.
• The injunction may not be sufficient to protect the party from harm, as it may not be able to prevent all forms of contact between the parties.
• The injunction is limited in scope, as it may only apply to certain activities or geographical areas, so it may not be able to protect the party from all forms of contact.
• Finally, the injunction may not be enforceable if the defendant is able to show that the order is unjust or unfair.

Other approaches related to Prohibitory injunction

A Prohibitory injunction is a court order that prevents a certain action from occurring. There are several approaches related to this type of injunction that can be used in a variety of contexts. These include:

• Temporary restraining orders (TROs): TROs are court orders that temporarily prohibit someone from taking an action. This is usually done to prevent someone from doing something before a more permanent injunction can be issued.
• Preliminary injunctions: Preliminary injunctions are court orders that prohibit someone from taking a certain action until the court can consider the matter more thoroughly.
• Permanent injunctions: Permanent injunctions are court orders that prohibit someone from taking a certain action permanently.
• Contempt of court: Contempt of court is when someone fails to obey a court order. This can include violating an injunction.

In summary, there are several approaches related to Prohibitory injunctions, including temporary restraining orders, preliminary injunctions, permanent injunctions, and contempt of court. Each of these approaches can be used in a variety of contexts.

References

• Benny D.J (2013)., Industrial Espionage: Developing a Counterespionage Program, CRC Press
• Burrows A. (2013)., English Private Law, OUP Oxford
• Emmet D. (2012)., Remedies, OUP Oxford
• Hudson A. (2005)., Equity and Trusts, Psychology Press
• Moffat G. (2005)., Trusts Law, Cambridge University Press
• Ross T.P (2000)., Intellectual Property Law: Damages and Remedies, Law Journal Press
• Snijders H. (2003)., E-commerce Law: National and Transnational Topics and Perspectives, Kluwer Law International B.V

Author: Alicja Ryszka

This article is based on legislation acts Please check current legislation before using knowledge from this article.