Remedies (AQA A-Level Law): Flashcards

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Injunctions
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Injunction (definition)

Court order preventing or requiring defendant to take action

Type of remedy is an injunction?

Equitable remedy (awarded at court's discretion)

Prohibitory injunction

Court order preventing defendant from committing a tort

Mandatory injunction

Court order compelling defendant to take specific action

Partial injunction

Court order limiting activities rather than stopping them

Watson v Croft (2009) remedy

Prohibitory injunction to stop motor-racing circuit noise

Jacklin v Chief Constable (2007) remedy

Mandatory injunction to remove container blocking right of way

Kennaway v Thompson (1981) remedy

Partial injunction limiting frequency of water sports events

Miller v Jackson (1977) remedy

Damages awarded instead of injunction (cricket ground case)

When damages awarded in lieu of injunction?

When public interest outweighs claimant's private interest

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