Mandatory Injunction in UK Law

  • 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 ... ...
  • 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 ... ...
  • 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 ... ...
  • Interim Relief Against the Crown
    • No. 50-1, January 1987
    • The Modern Law Review
    ... ... His Lordship held that an interim injunction, and by implication other interim relief, is available ... for judicial review and meanwhile sought an interim mandatory injunction. Hodgson J. held that section 21 of the ... ...
  • Cartier v British Sky Broadcasting, and the Rise of the Website Blocking Order: A Challenge for Scots Law?
    • No. , May 2020
    • Edinburgh Law Review
    • 251-256
    ... ... particularly before the English courts, is the website blocking injunction. Under such an injunction, internet service providers (“ISPs”) are ... judgment in Cartier was relied upon as the basis for issuing a mandatory injunction against NHS England, not a party to the relevant dispute, ... ...
  • Towards a Solution
    • Contents
    • Positive Covenants and Freehold Land
    • Christopher Jessel
    • 235-246
    ... ... and do the work but they may not be adequate; a mandatory injunction may be available in principle but not in practice because of ... ...
  • The Problem
    • Contents
    • Positive Covenants and Freehold Land
    • Christopher Jessel
    • 1-9
    ... ... and, in particular, whether a judge is prepared to issue a mandatory injunction. Where someone has voluntarily accepted an obligation a court ... ...
  • Commonhold
    • Contents
    • Positive Covenants and Freehold Land
    • Christopher Jessel
    • 115-123
    ... ... gets there, there is no certainty that the judge would grant a mandatory injunction. In particular, as a unit is held freehold, there is no ... ...
  • Particular Easements and Examples of Analogous Remedies of Relevance to Development
    • Part I. Easements and profits à prendre
    • Restrictions on the Use of Land
    • William Webster/Robert Weatherley
    • 29-50
    ... ... constitutes an actionable trespass and may be restrained by injunction) regard must be had to ‘the circumstances of the case, the situation of ... advised to seek redress through the courts by the grant of a mandatory injunction and/or damages in lieu of an injunction where the interference ... ...
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