Updating injunctions

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.

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The grant of an interlocutory injunction is subject to its own test for consideration by the court, The test for an interlocutory injunction which is mandatory in nature is more onerous than is the case for an interlocutory injunction which is prohibitory in nature.By its nature, by requiring the party to which it is directed to take positive steps and not merely not to do something, a mandatory injunction can have inconvenient, onerous and potentially costly implications.In addition, in circumstances where such mandatory orders will form most, if not all, of the principal reliefs sought in the underlying proceedings, the granting of such injunctions effectively gives the applicant the benefit of the victory at trial without actually having to succeed at trial.The nature of mandatory injunctions As summarised above, a mandatory injunction compels a party to which it is directed to carry out a specific obligation or perform a specified act.Where one is dealing with a perpetual injunction, the case law would suggest that, in theory at least, there is little difference as to whether the nature of the injunction is prohibitory or mandatory.

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