Injunctions And Specific Restitutions

An injunction is a court order requiring that the defendant do some act or refrain from doing some act.

The injunction may be mandatory, ordering the defendant to do something, or prohibitory, ordering him not to do something.


A personal injury lawyer will advise you to seek a mandatory injunctions when the situation requires the defendant to undo something which he has done is breach of tortuous obligation. The personal injury lawyer will have considered the strong probability of grave damage to the Plaintiff and damages must be inadequate. Mandatory injunctions are not granted as a matter of course and the court will take into account any hardship(after the pleadings by the personal injury lawyer) which would be caused to the defendant and the defendant’s behavior.

Prohibitory injunctions are granted to prevent continuing tortuous misconduct. The personal injury lawyer will seek this injunction for use in trespass to land and nuisance actions to protect the Plaintiff’s proprietary interest. They are also granted in other torts by the personal injury lawyer, which can be repeated, such as trespass to the person and defamation. Any personal injury lawyer will know that the principle behind the prohibitory injunction is to disallow the Defendant to buy the right to inflict damage, they are granted more readily than mandatory injunctions and hardship to the defendant is not a ground for the court refusing the injunction.


The injunction may be final or interlocutory. A final injunction is awarded at the end of trial to the successful party. An interlocutory injunction is awarded to pending trial of the action. This is done to prevent harm to the Plaintiff where damages would not be an adequate remedy if he succeeded in his action.

Specific Restitution The remedy of specific restitution is available in actions for conversion. Any personal injury lawyer will understand that if the defendant is found liable, the court has discretion to order the return of the plaintiff’s goods. The remedy is unlikely to be exercised where the goods are of no special value.

• Injunctions And Specific Restitutions
• Pecuniary Losses For Personal Injuries