An injunction is a remedy awarded by a court to protect a legal right rather than to compensate for a breach of that legal right. There are a number of different circumstances when an injunction can be granted.
The main difference between an injunction and other court remedies such as damages is that an injunction can be granted at an early stage of proceedings long before any potential trial. The main purpose of an injunction is to maintain the status quo between the parties from the time the granting of an injunction until the final disposal of the action.
There are two basic forms of injunctions. Prohibitory injunctions restrain a party from doing a particular thing. A mandatory injunction requires a party to a particular thing.
An interim or interlocutory injunction is a temporary order and will continue only until the full trial of an action within which the injunction is sought.
It is possible to obtain a permanent injunction but this will only be ordered after the full trial of an action.
A Court will only grant an injunction when it is satisfied that it is just and equitable to do so. It is important that the party seeking the injunction does not delay in doing so.
A Court must be satisfied that damages are not an adequate remedy for a breach of the right the Plaintiff is seeking to protect before it will grant an injunction. If the Plaintiff can be adequately compensated for any loss suffered by them as a result of the alleged breach of their legal rights, the courts will not intervene at an early stage of the proceedings to grant an injunction. If damages are a sufficient remedy the claim will proceed to trial in the normal way.
The Courts are guided by a three stage test. The three stage test is
1.
Ascertain whether there is a serious/fair issue to be tried;
2.
Ascertain whether damages would be an adequate remedy;
