Users' questions

Is an injunction a final order?

Is an injunction a final order?

Definition: An injunction is a court order requiring a person to do or cease doing a specific action. Permanent injunctions are issued as a final judgment in a case, where monetary damages will not suffice.

Can you get an injunction on a property?

If you own or occupy a property, and someone else’s actions (or inactions) are causing you problems, then an injunction is your ultimate legal weapon. Recent cases have clarified when the court will grant an injunction in property disputes.

How long does a property injunction last?

In the final hearing, the judge can grant a final injunction. Depending on the circumstances, the duration will usually be one to two years. However, in more extreme circumstances, it can last indefinitely. If your injunction is about to end, don’t worry.

What can an injunction do to a property?

An injunction can prevent detrimental action against your property, allowing you the time to consult our solicitors and build a case. We can advise you on injunctions relating to residential and commercial properties and for anti-social behaviour.

What’s the difference between interim and mandatory injunctions?

Interim injunction – the Order requires the opponent to do or not to do a specified action like carrying out building works which may cause damage to your property; Mandatory injunction – may require the opponent to undo something ; Final injunction –will prevent your neighbour’s building work from damaging your property permanently.

Can a court order an injunction against a child?

Injunctions against children The courts will not normally grant injunctions against anyone under the age of 18. The order would be useless since the means of enforcement available against adults – fines, sequestration of assets or imprisonment – cannot be used against children and young people in almost all cases. www.asbactionnet.org.uk Page 5

Can a court award damages instead of an injunction?

Where damages are awarded instead of an injunction there are a number of ways in which the amount due can be valued and this is very much at the discretion of the Court. For example, the Court might award compensatory damages based on the reduction in the value of your property.

When does a judge issue a permanent injunction?

Permanent Injunctions: At the end of a court case, if the judge agrees that there is an ongoing threat, he or she may issue a permanent injunction prohibiting the threatened action indefinitely. Injunctions and restraining orders can only be filed in an ongoing lawsuit.

What is the purpose of a preliminary injunction?

Preliminary Injunctions: A preliminary injunction is an order prohibiting an action, to preserve the status quo while the underlying court case is decided.

Can a permanent injunction be enforced in Karnataka?

Aggrieved thereby, the respondents preferred a writ petition in the High Court of Karnataka at Bangalore which has been allowed by the impugned order. The High Court has held that the decree for permanent injunction cannot be enforced against the legal heirs of judgment-debtor as injunction does not travel with land.

Can a court issue a decree for perpetual injunction?

On the other hand, the court will not issue temporary injunction merely because ultimately a decree for perpetual injunction can be granted as for issue of temporary injunction there is the further question of irreparable loss and balance of convenience.