Injunctions and compliance orders: some procedural issues

Abstract

An injunction is a remedy originally devised in the Court of Chancery in England, mainly, it appears, for the purpose of bringing proceedings in the courts of common law to a halt and having the cases transferred to Chancery (Baker, 1979, pp. 90-91). Today it is an important judicial remedy used in many different situations, sometimes alone, sometimes in combination with other remedies such as damages. An injunction is a discretionary remedy, directed at a particular person, ordering that person to either do something (a mandatory injunction) or to stop doing or not to do something (a restrictive injunction). I Since an injunction is an order of the High Court, a person who wilfully disobeys it - as is the case with any court order - has committed a contempt of court. Although such a contempt is a "civil" rather than a "criminal" contempt, the consequences can be exceptionally severe. The alleged contemnor can be fined or committed to jail by an order of the court, and can be detained in custody until the fmes are paid or the order is complied with. Although matters are rarely taken so far, the threat of such alarming possibilities usually means that injunctions are instantly obeyed.