injunction

Injunctions are granted to enforce a legal or equitable right. Accordingly, a grant presupposes the existence of such a right.  Injunctions are made by a court and usually require a person to do or refrain from doing specified acts, although they may also require a person to positively do something to prevent what would be unlawful conduct leading to damage to the claimant. Court orders such as these are discretionary remedies, in that they are available as of right - it is for the judge to decide after considering a series of factors whether justice would served in the circumstances by granting the order.

If the loss or damage that would be sustained by the claimant would be satisfactorily compensated by an award of money, then it is said that damages are an adequate remedy, and an injunction will not be available unless the case presents exceptional circumstances. Injunctions may be granted on an interim or perpetual basis.

Usage: The court awarded an final injunction for infringement of registered trade mark.

Related Words: interlocutory injunction; litigation; search order.