Mandatory Injunction in UK Law

Leading Cases
  • Morris v Redland Bricks Ltd
    • House of Lords
    • 13 May 1969

    1. A mandatory injunction can only be granted where the plaintiff shews a very strong probability upon the facts that grave damage will accrue to him in the future. As Lord Dunedin said in 1908 it is not sufficient to say " timeo". It is a jurisdiction to be exercised sparingly and with caution but in the proper case unhesitatingly.

  • Jaggard v Sawyer
    • Court of Appeal (Civil Division)
    • 18 July 1994

    Reported cases are merely illustrations of circumstances in which particular judges have exercised their discretion, in some cases by granting an injunction, and in others by awarding damages instead. Since they are all cases on the exercise of a discretion, none of them is a binding authority on how the discretion should be exercised. The most that any of them can demonstrate is that in similar circumstances it would not be wrong to exercise the discretion in the same way.

    The outcome of any particular case usually turns on the question: would it in all the circumstances be oppressive to the defendant to grant the injunction to which the plaintiff is prima facie entitled? Most of the cases in which the injunction has been refused are cases where the plaintiff has sought a mandatory injunction to pull down a building which infringes his right to light or which has been built in breach of a restrictive covenant.

  • De Falco v Crawley Borough Council; Silvestri v Crawley Borough Council
    • Court of Appeal (Civil Division)
    • 12 December 1979

    In particular I am satisfied that the principles expounded by lord Diplock in American Cyanamid Ltd. v. Ethicon Ltd. (1975) Appeal Cases 396 governing the grant of prohibitory injunctions on interlocutory applications have no relevance to the case we are considering. In a case where the applicant is entitled to relief but it is withheld, he will be rendered homeless when he should have been housed.

  • Hooper v Rogers
    • Court of Appeal (Civil Division)
    • 10 June 1974

    I do not regard the use of the word "imminent" in those passages as negativing a power to grant a mandatory injunction in the present case: I take the use of the word to indicate that the injunction must not be granted prematurely. But here the operation has been performed, and there was no evidence that any other step would avoid the proven probability of damage to the farmhouse than the step sought by way of mandatory injunction: it could not be said to be premature.

    In different cases differing phrases have been used in describing circumstances in which mandatory injunctions and quia timet injunctions will be granted. In truth it seems to me that the degree of probability of future injury is not an absolute standard: what is to be aimed at is justice between the parties, having regard to all the relevant circumstances.

  • R v Secretary of State for Transport, ex parte Factortame Ltd (No 2)
    • House of Lords
    • 11 October 1990

    In this context, particular stress should be placed upon the importance of upholding the law of the land, in the public interest, bearing in mind the need for stability in our society, and the duty placed upon certain authorities to enforce the law in the public interest. This is of itself an important factor to be weighed in the balance when assessing the balance of convenience.

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Legislation
  • Civil Procedure Rules 1998
    • UK Non-devolved
    • Thursday January 01, 1998
    ... ... Interim injunction to cease if claim stayed ... a mandatory order; ... ...
  • Rules of the Supreme Court (Revision) 1965
    • UK Non-devolved
    • Friday January 01, 1965
    ... ... (i) if in the action begun by the writ an injunction is sought ordering the defendant to do or refrain from doing anything ... 8. If an order of mandamus, a mandatory order, an injunction or a judgment or order for the specific performance ... ...
  • Unfair Terms in Consumer Contracts Regulations 1999
    • UK Non-devolved
    • Friday January 01, 1999
    ... ... of these Regulations to Scotland for references to an “injunction” or an “interim injunction” there shall be substituted references to ... mandatory statutory or regulatory provisions (including such provisions under the ... ...
  • Legal Aid, Sentencing and Punishment of Offenders Act 2012
    • UK Non-devolved
    • Sunday January 01, 2012
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Books & Journal Articles
  • Enforcement
    • Contents
    • Positive Covenants and Freehold Land
    • Christopher Jessel
    • 193-209
    ... ... An injunction may be granted in wider circumstances. A defendant who does not comply ... In that case the dominant owner may seek a mandatory injunction ... The covenantee will need the assistance of the court to ... ...
  • Subordinate Legislation and Injunctions to Ministers
    • No. 18-6, November 1955
    • The Modern Law Review
    ... ... MINISTERS BEFORE the Crown Proceedings Act, 1947, an injunction would lie against a Minister of the Crown in his ... ; and if mandamus could issue, why could not a mandatory injunction, or a prohibitory injunction to restrain him from ... ...
  • Litigation - Remedies and Practice
    • Part IV. Restrictive covenants (freehold land)
    • Restrictions on the Use of Land
    • William Webster/Robert Weatherley
    • 295-315
    ... ... (c) that the covenant has been broken, then he has a claim for a mandatory injunction and/or damages. If there has been a breach, or the likelihood ... ...
  • Comparative Notes on Injunction and Wrongful Risk-Taking
    • No. 17-1, March 2010
    • Maastricht Journal of European and Comparative Law
    • 0000
    This article looks into the role of injunctive relief in tort law. More specifically, it focuses on the role of injunction in cases concerning wrongful risk-taking behaviour (as opposed to intentio...
    ... ... Hence, the wrongful wit hdrawal of support had already taken place and the question was merely whe ther the claimant cou ld get a mandatory injunction to prevent further damage. However, it was e stimated that preventing further da mage would cost as much as 35,000 GBP whereas the ... ...
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Law Firm Commentaries
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Forms
  • Application for injunction (General form)
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to adoption, including those to request adoption, placement and parental orders.
  • Application for injunction (General form)
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... person the injunction is to ... be directed to ... (3) Set out any proposed ... orders requiring acts to ... be done. Delete if no ... mandatory order is sought ... (4) Set out here the proposed ... terms of the injunction ... order (if the defendant is ... a limited company delete ... the ... ...
  • Apply for a judicial review of a decision
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to matters raised in the Administrative Court, including challenges to decisions made by organisations such as local authorities and regulators.
    ... ... Complete this section stating what remedy you are ... a mandatory order; ... a prohibiting order; ... a quashing order; or ... an injunction ... ...
  • Apply for a judicial review in an immigration or asylum case
    • HM Courts & Tribunals Service court and tribunal forms
    Immigration and Asylum Chamber (Upper Tribunal) forms including the judicial review form.
    ... ... Office claim form (N461) and sent to: ... (a) a mandatory order; ... (b) a prohibiting order; ... (c) a quashing order; or ... (d) n injunction restraining a person from acting in ... any office in which he is not ... ...
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