1. Permanent injunction
Sometimes, at trial, the plaintiff may ask the court to grant an injunction against the defendant. An injunction is a court order requiring a party either to do something or to stop doing something.
There are two main types:
- Mandatory injunction: This compels the defendant to take specified steps. For example, the court may order the defendant to demolish unauthorised building works.
- Prohibitory injunction: This restrains the defendant from taking specified steps. For example, the court may prevent the defendant from persistently trespassing on land or continuing to sell goods that infringe the plaintiff’s copyright.
Where an injunction is granted at or after the trial, it may finally determine the dispute and bind the defendant on a continuing basis. Such an order is known as a permanent injunction.
In addition to granting prohibitory and mandatory injunctions where wrongdoing has already occurred, the court may grant a quia timet (precautionary) injunction to restrain a wrongful act that is threatened or imminent but has not yet begun. For example, if a neighbour threatens to enter a person’s land and cut down his tree, the court may grant a quia timet injunction preventing the neighbour from doing so before any damage is caused.
However, the case may take several years to reach court for a final settlement. By the time it comes to trial, the defendant’s alleged wrongdoing may have already caused damage to the plaintiff. In such a case, the plaintiff may consider applying for an interlocutory injunction to maintain the status quo and prevent the defendant from causing damage in the interim (see below).
An action involving a claim for a permanent injunction is typically started by a Writ of Summons or an Originating Summons. Due to the complexity of the application procedures, you should seek legal advice before making such an application.
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