Updating injunctions updating microsoft office 2016
In practice, however, a mandatory order imposes an additional degree of hardship or expense on a defendant, which can influence a judge when exercising his or her discretion.
As put in the English authority of "it is a jurisdiction to [be] exercised sparingly and with caution but, in the proper case, unhesitatingly".
However, different considerations apply where the mandatory injunction is sought on an interlocutory basis.
This update looks at a recent decision regarding the test applicable for the grant of a mandatory interlocutory injunction.In many cases where someone commits a legal wrong the court will simply order them to pay the other party a sum of money as compensation.But there are some circumstances where an award of money is not really adequate to do justice in the case and, in such cases, the court may issue an injunction - sometimes there is both an injunction and an award of money.In light of those principles, the court refused to grant the mandatory interlocutory injunctions sought, paying particular regard to the dispute surrounding the parties to the agreement and the alleged breach of the agreement.It also refused the prohibitory order sought, holding that the balance of convenience meant that the status quo should be preserved.