When Will a Court Grant an Injunction?
Learn when a court may grant an injunction in A Level Law tort cases: ongoing or threatened harm, inadequate damages, judicial discretion and interim orders.
A court may grant an injunction when a tort is continuing or threatened and an order to stop or prevent the harm is more appropriate than compensation alone. An injunction is a court order requiring someone to do something or stop doing something. It is a discretionary remedy, meaning the court decides whether it is fair to grant it in the circumstances.
Final injunctions
A claimant may seek a final injunction after establishing a tort. For example, if a neighbour repeatedly causes an unreasonable noise nuisance, damages could compensate for harm already suffered, while an injunction could restrict the noise in future. An order to stop an activity is called a prohibitory injunction; an order requiring positive action is a mandatory injunction.
The court considers whether damages would be an adequate remedy and whether the proposed order would be fair and practical. It may refuse an injunction if, for example, the claimant has delayed unreasonably or the burden on the defendant would be disproportionate. A successful tort claim does not automatically entitle the claimant to an injunction: the court may award damages instead.
Interim injunctions
If protection is needed before trial, the claimant may apply for an interim injunction. The court considers whether there is a serious issue to be tried, whether damages would adequately compensate either side if the order were wrongly granted or refused, and the balance of convenience: which decision risks the greater harm while the case is unresolved. Where those considerations are evenly balanced, preserving the existing position may matter.
Exam mistake to avoid: do not say the claimant must prove the whole tort claim before receiving an interim injunction. That decision is temporary; the court has not yet made a final ruling on liability.
