An injunction is a court order that requires a party either:
- To do a specified act; OR
- To refrain from doing a specified act.
Generally, the common situation where injunctive relief is sought is where a party commits a wrong, and the victim seeks injunctive relief to protect against further wrongdoing.
Interim injunction versus final relief injunction:
- Interim injunction (or interlocutory injunction) is granted prior to, or during legal proceeding, whereas final relief injunction is granted as the final remedy in respect of the successful party’s adjudicated rights.
- Injunctive relief was initially developed to defeat fraud, such as the freezing order (ie: a “Mareva injunctions” to freeze someone’s account and prevent him from moving out his money) and the search order (ie: a court order which provides the right to search property and seize objects without prior warning).
Prohibitory injunction versus mandatory injunction:
- prohibitory — requiring the respondent to refrain from doing specified acts (eg: using confidential information to set up competing business)
- mandatory — requiring the respondent to do a specified act (eg: deliver up goods or make available documents)
Quia timet injunction versus springboard injunction
- A quia timet injunction – the applicant does not have to establish that the respondent has already committed the wrongful act, rather they can commence proceedings on the basis of a threatened breach or reasonable anticipated wrongdoing. The burden of proof is on the applicant to establish that on the balance of probabilities the respondent will violate the applicant’s legal right.
- Springboard injunction, on the other hand, is where the victim seeks an injunction to cancel out the continuing consequences of an earlier wrong. This is common in trying to negate any unfair competitive advantage which is gained through misuse of an employer’s confidential information. Where confidential information was misappropriated and used for competing interests, a springboard injunction may be awarded to deprive the wrongdoer of the fruits of his wrongdoing.
