Injunction

Injunction meaning

An Injunction is an order issued by a court that either prohibits a person or group of people from carrying out a certain course of conduct or instructs that the activity be carried out in accordance with the order. It is a violation of the court's order if the conditions of the order are not carried out. An injunction is the main kind of relief that may be obtained for a persistent nuisance. Injunctions may either be obligatory, in which case the party being ordered to act must do so, or prohibitory, in which case the defendant is ordered not to act in a certain manner. Obtaining required orders is often a very difficult and time-consuming process.

As the injunction is a kind of equitable relief, it will be up to the discretion of the court to decide whether or not to issue it. If there is a delay or if the claimant does not have "clean hands," then the remedy might very likely be denied because normal equitable criteria are applied. But, a court is not barred from awarding damages in addition to an injunction where it is appropriate to do so. An injunction will only ever be issued if damages would be insufficient to recompense the claimant.

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