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Injunction and damages

Injunction and damages

Postby Smouldering Stoat » Wed May 17, 2017 4:49 pm

Is there any rule of law or practice that, when applying for an injunction, a claimant must also seek damages? If so, would this rule apply to the Equality and Human Rights Commission seeking an injunction to prevent discrimination?
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Re: Injunction and damages

Postby Spankymonkey » Wed May 17, 2017 5:07 pm

There is nothing preventing a person from bringing a claim simply with the view to obtaining an injunction. Damages would not have to be a necessary part of the claim. But it would be at the discretion of the court to decide if damages would be more appropriate.

However, if damages were never applied for and the injunction is denied, I doubt a claim for damages would follow if it were not part of the original claim.

Have you checked the relevant statute to see if there is any schedule that specifies the terms of any court order?
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Re: Injunction and damages

Postby atticus » Wed May 17, 2017 5:48 pm

No rule.

But claim both. An injunction is discretionary; a court may award damages in lieu of an injunction. I am trying to remember why that was a vitally important point in a case I had in 1994.
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Re: Injunction and damages

Postby Smouldering Stoat » Wed May 17, 2017 6:19 pm

It's not a case I'm involved in, fortunately. It is reported that the defendant intends to defend the application on the grounds that "When getting an injunction you have to apply for damages. And there aren’t any." I wondered whether this had any prospect of success.
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Re: Injunction and damages

Postby atticus » Wed May 17, 2017 6:36 pm

I suppose there may be some cause of action to which that might work as a defence. I can't think of one.
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Re: Injunction and damages

Postby atticus » Wed May 17, 2017 6:55 pm

OK, I've seen what this is about. He's an idiot. And wrong.

An injunction is often the way forward for a regulator seeking to put a stop to an unlawful practice.
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Re: Injunction and damages

Postby dls » Wed May 17, 2017 7:17 pm

An injunction granted to a regulator for the public interest would not need a supporting claim for an injunction.

There at least to be such a rule for general litigation.
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Re: Injunction and damages

Postby Smouldering Stoat » Wed May 17, 2017 9:03 pm

atticus wrote:OK, I've seen what this is about. He's an idiot. And wrong.


Yes, he is not a man troubled by self-doubt.
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