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Lets break down the difference: Prohibitory Injunctions: These are the most common type and essentially tell the respondent what they cannot do. Mandatory Injunctions: Less frequent than prohibitory injunctions, mandatory injunctions compel the respondent to take a specific action.
How to apply Apply online. You can use the RCJ Citizens Advice CourtNav service to prepare an injunction application online. Apply by email, post or in person. Download and fill in the application form. Emergency orders. If youre 17 or under. After youve applied.
Write a short and plain statement of the claim. Do not make legal arguments. State as briefly as possible the facts showing that each plaintiff is entitled to the injunction or other relief sought.
Requisites for Injunction Application The applicant (party filing application for injunction) has a prima-facie case, having the potential to succeed. The balance of convenience is in favour of the applicant. The applicant will suffer irreparable loss or damage if the injunction is not granted.
To seek a permanent injunction, the plaintiff must pass the four-step test: (1) that the plaintiff has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for the injury; (3) that the remedy in equity is warranted upon consideration of the balance
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