Injunctive relief

Injunctive relief is a court order that requires a party to either do or refrain from doing a particular action. It is a discretionary remedy, that is, the court has the power to decide whether or not to grant it in each individual case.

There are two types of injunctive orders:

  1. Prohibitory injunctions: this type of order prevents a person from doing something, such as selling land, breaching a contract, or disclosing confidential information
  1. Mandatory injunctions: these orders compel a person to do something, like demolishing a building, publishing a correction, or making a payment.

An injunction order will either be granted on an interlocutory or final basis by a court. Interlocutory injunction is a temporary order issued to maintain the status quo while proceedings are in progress until a matter can be determined completely.

Final injunctions, on the other hand, are permanent and granted after the final hearing of a case. They seek to remedy a civil wrong and form part of a final legal judgment. Even if an interlocutory injunction has been granted during proceedings, a final injunction is issued to finalise the proceedings.

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Court injunction order

A legal order requiring the party to whom it is addressed either to do something or, more commonly, to refrain from doing something.