Mandatory Injunction in UK Law

  • Morris v Redland Bricks Ltd
    • House of Lords
    • 13 May 1969
    ... ... the Court will grant quia timet injunctions, particularly when mandatory ... 7 The facts may be simply stated. The Respondents, ... full hearing with expert evidence on either side he granted an injunction restraining the Appellants from withdrawing support from the Respondents' ... ...
  • Hooper v Rogers
    • Court of Appeal (Civil Division)
    • 10 June 1974
    ... ... But this is a case in which a mandatory Order was sought upon the Defendant to take such steps as were necessary ... as equitable damages under Lord Cairns's Act in lieu of such an injunction. The injunction, mandatory in character, would be quia timet, as ... ...
  • Jaggard v Sawyer
    • Court of Appeal (Civil Division)
    • 18 July 1994
    ... ... be asked to take proceedings in the appropriate court for an injunction to restrain you from developing the land." ... 16 ... A mandatory injunction would require the defendant to observe a legal obligation or ... ...
  • National Commercial Bank Jamaica Ltd v Olint Corporation Ltd
    • Privy Council
    • 28 April 2009
    ... ... or informal to the bank, successfully applied ex parte for an injunction restraining the bank from closing its accounts until 25 January or further ... injunctions which could be described as prohibitory rather than mandatory. In both cases, the underlying principle is the same, namely, that the ... ...
  • Channel Tunnel Group Ltd and Another v Balfour Beatty Construction Ltd and Others
    • House of Lords
    • 21 January 1993
    ... ... Like him, I am concerned that the jurisdiction to grant an injunction, which is unfettered in the statute, should be rigidly confined to ... his clients a remedy which was discretionary, in contrast to the mandatory stay under section 1. Nevertheless, I am satisfied that this is the ... ...
  • Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd
    • Court of Appeal (Civil Division)
    • 21 December 1995
    ... ... practice of the Court as being that damages rather than an injunction or specific performance are usually the appropriate remedy for any breach ... The landlords applied for an interlocutory mandatory injunction. A clear statement of the law was to be found in Dowty v ... ...
  • Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd
    • House of Lords
    • 21 May 1997
    ... ... said: "No authority has been quoted to show that an injunction will be granted enjoining a person to carry on a business, nor can I think ... the settled and invariable practice of this court never to grant mandatory injunctions requiring persons to carry on business." ... ...
  • Morris-Garner and another v One Step (Support) Ltd
    • Supreme Court
    • 18 April 2018
    ... ... hand, damages awarded in lieu of specific performance or an injunction under the jurisdiction created by section 2 of the Chancery Amendment Act ... J decided that the plaintiffs had a prima facie entitlement to a mandatory injunction requiring the removal of the houses, but that such relief ... ...
  • Z Ltd v A-Z and AA-LL
    • Court of Appeal (Civil Division)
    • 16 December 1981
    ... ... Justice Bingham, and got a Mareva injunction to stop any dealings with the assets, save in so far as they exceeded ... This is particularly so in the case of a mandatory injunction. If a person to whom the injunction is addressed is entitled to ... ...
  • Lawrence (Katherine) and Another v Fen Tigers Ltd & others (No 1)
    • Supreme Court
    • 26 February 2014
    ... ... to be adopted by a court when deciding whether to grant an injunction to restrain a nuisance being committed, or whether to award damages ... "as a general rule the court ought to be less free in granting mandatory injunctions than it was in years gone by". Vaughan Williams LJ appears to ... ...
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