injunction

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injunction

a court order issued to a person or company requiring them to desist from behaving in ways which are harmful to other people. See CONTRACT, TORT.

injunction

A court order requiring a party to do something,or to stop doing something,until further notice.If the party fails to perform according to the injunction, then the party will be required to appear in court, defend his or her actions, and show cause why he or she should not be held in contempt of court.If held in contempt,the party may be ordered to pay a fine,may be jailed until the contempt is cured,or could suffer both consequences.

Injunctions come in three varieties:

1. Temporary restraining order (TRO). Usually obtainable with little or no notice to the defendant, sometimes as quickly as within an hour or so if the complaining party can convince a judge that there is immediate risk of irreparable harm if the restraining order is not issued.

2. Preliminary injunction. Usually issued after a TRO, if the judge decides that an injunction should remain in effect until such time as there can be a full trial on the merits of the case. Failure to obtain a TRO does not mean a judge will not issue a preliminary injunc- tion; it simply means the judge did not agree with the plaintiff's evaluation of the neces- sity for urgent action.

3. Final injunction. The final order issued by a court after it has heard all the evidence and legal arguments for and against the injunction. The order is a final order, from which the parties may appeal.

References in periodicals archive ?
(143.) Compare RESTATEMENT (SECOND) OF TORTS [section] 936(1) (1979), with RESTATEMENT (SECOND) OF TORTS [section] 936(2) (1979) (propriety of granting an interlocutory injunction against a tort is determined in light of all the primary factors that are relevant in determining the propriety of granting a permanent injunction against a tort, as well as in light of several special factors).
Interestingly, the many controversies surrounding the Doucet-Boudreau decision do not appear to arise when the relief granted is an interlocutory injunction. Although an interlocutory injunction does not raise the same concerns regarding the doctrine of functus officio, (118) these orders would seem, in principle, to engage the more principled criticisms of the Doucet-Boudreau decision.
See Francome v Mirror Group Newspapers Ltd [1984] 2 All ER 408: limited injunction restraining the publication of information concerning breaches of racing rules obtained in breach of confidence to only police and jockey club, not to general public, notwithstanding that the defendants were prepared to justify the information; Cream Holdings Lid v Banarjee [2005] 1 AC 253: on the higher threshold for the grant of interlocutory injunctions in the context of HRA s 12(3).
The application for interlocutory injunction was decided on 27 March 2002 by Justice Robert Hutchison of the British Columbia Supreme Court.
This premise underlies the last two prongs of the test: (1) determining whether the applicant will suffer irreparable harm if the injunction is refused, (2) and (2) finding where the balance of inconvenience lies in granting or denying the injunction, or in other words, who between the applicant and the respondent will be most disadvantaged by the grant or denial of the interlocutory injunction.
Hearing on the motion for interlocutory injunction was adjourned to July 22, 2019.
Papers were served this week on the Irish Greyhound Board, through its chairman Paschal Taggart, and the Attorney General seeking an interlocutory injunction to immediately cease all payments towards prizemoney and capital programmes.
Justice Abdulaaziz Waziri of Yola State High court, on Tuesday, lifted the interlocutory injunction restraining the Independent National Electoral Commission (INEC) from conducting supplementary governorship elections in Adamawa State.
Moving their opposition stance further, Unity Hall sought an interlocutory injunction on the conversion, but was not successful.
HCK/56/2018, restraining the defender in the suit from recognising and swearing in any other state executive of the All Progressives Congress (APC), apart from that chaired by Chief Cyril Abeye Ogodo and his members into office, pending the hearing and determination of the motion on Notice for an interlocutory injunction pending before this court.
Abodakpi dismissed an application for interlocutory injunction filed in March 2018, by Mr.