Prohibitory Injunction

by Yogi P - July 30, 2024

A prohibitory injunction is a court order that restrict a person from doing a specific act. It’s a crucial tool in preventing potential harm or infringement of rights.

Grounds for a Prohibitory Injunction

To obtain a prohibitory injunction, the applicant must generally establish:

• A legal right or interest: The applicant must demonstrate a clear legal right or interest that is being or is likely to be infringed.
• Irreparable harm: The applicant must show that the harm caused by the defendant’s actions cannot be adequately compensated by damages.
• Balance of convenience: The court weighs the potential harm to the applicant against the harm to the defendant if the injunction is granted.
• Public interest: In some cases, the court may consider the impact of the injunction on the public interest.

Types of Prohibitory Injunctions

• Interim injunction: A temporary order granted before the final hearing of the case to preserve the status quo.
• Permanent injunction: A final order issued after a full hearing, prohibiting the defendant from continuing the wrongful act.

Examples of Prohibitory Injunctions

• Preventing breach of contract: Restraining a party from breaching a contractual obligation.
• Protecting intellectual property: Preventing copyright infringement, trademark infringement, or patent infringement.
• Preventing harassment or defamation: Restricting harmful or defamatory statements.
• Protecting property rights: Preventing trespass, nuisance, or interference with property.

Key Considerations

• Undertaking: The applicant is often required to provide an undertaking to compensate the defendant for any loss suffered if the injunction is later found to be unjustified.
• Cross-undertaking: The defendant may also be required to provide an undertaking to comply with the injunction.
• Appeal: The decision to grant or refuse an injunction can be appealed.

Prohibitory Injunctions in Intellectual Property Law

One of the most common applications of prohibitory injunctions is in intellectual property law. For instance:

1. Copyright infringement: Preventing the unauthorised use, reproduction, or distribution of copyrighted material.
2. Trademark infringement: Stopping the use of a trademark that infringes on another’s rights.
3. Patent infringement: Preventing the unauthorised production, use, or sale of a patented invention.

Prohibitory Injunctions in Contract Law

In contract disputes, prohibitory injunctions can be used to:

• Prevent breach of contract: Stopping a party from violating the terms of an agreement.
• Enforce confidentiality: Preventing the disclosure of confidential information.
• Protect trade secrets: Preventing the misuse of trade secrets.

Interim and Perpetual Injunctions

• Interim injunction: A temporary order granted to maintain the status quo until the main case is decided. It’s often sought to prevent irreparable harm.
• Perpetual injunction: A permanent order issued after a full trial, preventing the defendant from continuing the wrongful act.

Factors Affecting the Grant of a Prohibitory Injunction

• Balance of convenience: The court weighs the potential harm to the plaintiff against the harm to the defendant if the injunction is granted.
• Irreparable harm: The plaintiff must demonstrate that the harm caused by the defendant’s actions cannot be adequately compensated by damages.
• Public interest: The court may consider the impact of the injunction on the public interest.
• Undertaking: The applicant is often required to provide an undertaking to compensate the defendant for any loss suffered if the injunction is later found to be unjustified.

Defences to a Prohibitory Injunction

• Delay: Unreasonable delay in seeking the injunction can weaken the plaintiff’s case.
• Acquiescence: If the plaintiff has acquiesced to the defendant’s conduct, they may be barred from seeking an injunction.
• Clean hands: The plaintiff must come to court with clean hands their own misconduct can be a defence.
• Balance of convenience: If the hardship to the defendant outweighs the benefit to the plaintiff, the injunction might be denied.