breach of injunctions

Injunctions have effect at the time the judge makes the order in Court, and not at some later date such as when the order is drawn up. The person enjoined should be in a position to clearly understand what they were required to do or not do from reading the terms of the order.

In the case of mandatory injunctions, a person will be required to do such things as may be necessary to bring about the result specified by the order and not do anything that would interfere with his ability to do so. For instance, in the case of an order to preserve and deliver up documents relating to copyright infringement proceedings, the defendant should take care not to anything that would disable the recovery of such documents.

Usage: A breach of an injunction is a contempt of court.

Related Words: injunction; litigation; mareva injunction; search order.