Injunction

An injunction is an equitable remedy

Equitable remedy

Equitable remedies are judicial remedies developed and granted by courts of equity, as opposed to courts of common law. Equitable remedies were granted by the Court of Chancery in England, and remain available today in most common law jurisdictions. In many jurisdictions, legal and equitable...

 in the form of a court order

Court order

A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...

 that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties

Civil penalty

A civil penalty or civil fine is a term used to describe when a state entity, government agency, or private party seeks monetary relief against an individual as restitution for wrongdoing by the individual. The wrongdoing is typically defined by a codification of legislation, regulations, and decrees...

 and may have to pay damages or accept sanctions. In some cases, breaches of injunctions are considered serious criminal offenses that merit arrest and possible prison sentences.

The term interdict is used in Scots law

Scots law

Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...

.

Rationale and reasons for injunctions

This injunctive power to restore the status quo ante

Status quo ante bellum

The term status quo ante bellum is Latin, meaning literally "the state in which things were before the war".The term was originally used in treaties to refer to the withdrawal of enemy troops and the restoration of prewar leadership. When used as such, it means that no side gains or loses...

; that is, to make whole again someone whose rights have been violated, is essential to the concept of fairness (equity). For example, money damages would be of scant benefit to a land owner who wished simply to prevent someone from repeatedly trespass

Trespass

Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.Trespass to the person, historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming...

ing on his land.

These are some common reasons for injunctions:

• stalking
  Stalking
  Stalking is a term commonly used to refer to unwanted and obsessive attention by an individual or group to another person. Stalking behaviors are related to harassment and intimidation and may include following the victim in person and/or monitoring them via the internet...
  
  
• domestic violence
  Domestic violence
  Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...
  
  
• harassment
  Harassment
  Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behaviour intended to disturb or upset, and it is characteristically repetitive. In the legal sense, it is intentional behaviour which is found threatening or disturbing...
  
  
• discrimination
  Discrimination
  Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
  
  
• bullying (in some cases)
• physical
  Physical abuse
  Physical abuse is abuse involving contact intended to cause feelings of intimidation, injury, or other physical suffering or bodily harm.-Forms of physical abuse:*Striking*Punching*Belting*Pushing, pulling*Slapping*Whipping*Striking with an object...
  
   or sexual abuse
  Sexual abuse
  Sexual abuse, also referred to as molestation, is the forcing of undesired sexual behavior by one person upon another. When that force is immediate, of short duration, or infrequent, it is called sexual assault. The offender is referred to as a sexual abuser or molester...
  
  
• the wrongful transfer of real property
  Real property
  In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
  
  , also called fraudulent conveyance
  Fraudulent conveyance
  A fraudulent conveyance, or fraudulent transfer, is a civil cause of action. It arises in debtor/creditor relations, particularly with reference to insolvent debtors. The cause of action is typically brought by creditors or by bankruptcy trustees...
  
  
• the disclosure of sensitive information in line with the Official Secrets Act 1989
  Official Secrets Act 1989
  The Official Secrets Act 1989 is an Act of the Parliament of the United Kingdom. It repeals and replaces section 2 of the Official Secrets Act 1911. It is said to have removed the public interest defence created by that section....
  
   (UK only)
• trademark infringement
  Trademark infringement
  Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees...
  
  
• copyright infringement
  Copyright infringement
  Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.- "Piracy" :...
  
  
• patent infringement
  Patent infringement
  Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or...
  
  
• trade secret disclosure
• tortious interference of contract
  Contract
  A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
  
  
• criminal contempt
• civil contempt
• unauthorized practice of law

Gag orders (many countries)

A gag order

Gag order

A gag order is an order, sometimes a legal order by a court or government, other times a private order by an employer or other institution, restricting information or comment from being made public.Gag orders are often used against participants involved in a lawsuit or criminal trial...

 is an order by a court or government restricting information or comment from being made public.

Temporary restraining orders

A temporary restraining order (TRO) may be issued for short term. A TRO usually lasts while a motion for preliminary injunction is being decided, and the court decides whether to drop the order or to issue a preliminary injunction.

A TRO may be granted ex parte

Ex parte

Ex parte is a Latin legal term meaning "from one party" .An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present. In Australian, Canadian, U.K., Indian and U.S...

, without informing in advance the party to whom the TRO is directed. Usually, a party moves ex parte to prevent an adversary from having notice of one's intentions. The TRO is granted to prevent the adversary from acting to frustrate the purpose of the action, for example, by wasting or hiding assets (as often occurs in divorce) or disclosing a trade secret

Trade secret

A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers...

 that had been the subject of a non-disclosure agreement

Non-disclosure agreement

A non-disclosure agreement , also known as a confidentiality agreement , confidential disclosure agreement , proprietary information agreement , or secrecy agreement, is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties...

.

To obtain a TRO, a plaintiff must prove four elements: (1) likelihood of success on the merits; (2) the extent to which the plaintiff is being irreparably harmed by the defendant's conduct; (3) the extent to which the defendant will suffer irreparable harm if the TRO issues; and (4) the public interest.

Other kinds of restraining orders

Many states have injunction laws that are written specifically to stop domestic violence

Domestic violence

Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...

, stalking

Stalking

Stalking is a term commonly used to refer to unwanted and obsessive attention by an individual or group to another person. Stalking behaviors are related to harassment and intimidation and may include following the victim in person and/or monitoring them via the internet...

, sexual assault

Sexual assault

Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....

 or harassment

Harassment

Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behaviour intended to disturb or upset, and it is characteristically repetitive. In the legal sense, it is intentional behaviour which is found threatening or disturbing...

 and these are commonly called restraining order

Restraining order

A restraining order or order of protection is a form of legal injunction that requires a party to do, or to refrain from doing, certain acts. A party that refuses to comply with an order faces criminal or civil penalties and may have to pay damages or accept sanctions...

s, orders of protection, abuse prevention orders, or protective orders.

Injunctions in US labor law context

After the United States government successfully used an injunction to outlaw the Pullman

Pullman Strike

The Pullman Strike was a nationwide conflict between labor unions and railroads that occurred in the United States in 1894. The conflict began in the town of Pullman, Illinois on May 11 when approximately 3,000 employees of the Pullman Palace Car Company began a wildcat strike in response to recent...

 boycott in 1894 in In re Debs

In re Debs

In re Debs, 158 U.S. 564 , was a United States Supreme Court decision handed down concerning Eugene V. Debs and labor unions. Debs, president of the American Railway Union, had been involved in the Pullman Strike earlier in 1894 and challenged the federal injunction ordering the strikers back to...

, employers found that they could obtain federal court

United States federal courts

The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...

 injunctions to ban strikes and organizing activities of all kinds by union

Trade union

A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...

s. These injunctions were often extremely broad; one injunction issued by a federal court in the 1920s effectively barred the United Mine Workers of America from talking to workers who had signed yellow dog contract

Contract

A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...

s with their employers.

Unable to limit what they called "government by injunction" in the courts, labor and its allies persuaded the Congress of the United States in 1932 to pass the Norris-LaGuardia Act

Norris-LaGuardia Act

The Norris–La Guardia Act was a 1932 United States federal law that banned yellow-dog contracts, barred federal courts from issuing injunctions against nonviolent labor disputes, and created a positive right of noninterference by employers against workers joining trade unions...

, which imposed so many procedural and substantive limits on the federal courts' power to issue injunctions that it was an effective prohibition on federal court injunctions in cases arising out of labor disputes. A number of states followed suit and enacted "Little Norris-LaGuardia Acts" that imposed similar limitations on state courts' powers. The courts have since recognized a limited exception to the Norris-LaGuardia Act's strict limitations in those cases in which a party seeks injunctive relief to enforce the grievance

Grievance

A grievance is a wrong or hardship suffered, which is the grounds of a complaint.-History and politics:A grievance may arise from injustice or tyranny, and be cause for rebellion or revolution....

 arbitration

Arbitration

Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...

 provisions of a collective bargaining

Collective bargaining

Collective bargaining is a process of negotiations between employers and the representatives of a unit of employees aimed at reaching agreements that regulate working conditions...

 agreement

Contract

A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...

.

Employment discrimination

Differing from most other cases, where equitable relief is given very rarely, in discrimination cases, injunctive relief is actually the preferred method of remedy. However, if there is evidence that there is now a hostile relationship between the employer and employee, the court may order a reasonable amount of "front pay" along with the back pay (back pay: The amount of lost wages and benefits that an employee lost ever since he was terminated, up to the point that the judgment is entered).

Australian apprehended violence orders

A court may grant an apprehended violence order (AVO) to a person who fears violence

Violence

Violence is the use of physical force to apply a state to others contrary to their wishes. violence, while often a stand-alone issue, is often the culmination of other kinds of conflict, e.g...

, harassment, abuse, or stalking

Stalking

Stalking is a term commonly used to refer to unwanted and obsessive attention by an individual or group to another person. Stalking behaviors are related to harassment and intimidation and may include following the victim in person and/or monitoring them via the internet...

. A court may issue an AVO if it believes, on the balance of probabilities, that a person has reasonable grounds to fear personal violence, harassing conduct, molestation, intimidation, or stalking. A defendant

Defendant

A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...

's non-compliance with the order may result in the imposition of a fine, imprisonment, or both.

UK superinjunctions

In England and Wales, injunctions whose existence and details may not be legally reported, in addition to facts or allegations which may not be disclosed, have been issued; they have been given the informal name of superinjunctions (or super-injunctions).

An example was the superinjunction raised in September 2009 by Carter-Ruck

Carter-Ruck

Carter-Ruck is a British law firm founded by Peter Carter-Ruck.According to their website they specialise in libel, privacy, international law and commercial litigation....

 solicitors on behalf of oil trader Trafigura

Trafigura

Trafigura is an Amsterdam-based multinational company founded in 1993 trading in base metals and energy, including oil. the company had equity of more than $2 billion and a turnover of $73 billion that generated $440 million of profit....

, prohibiting the reporting of an internal Trafigura report into the 2006 Côte d'Ivoire toxic waste dump scandal. The existence of the superinjunction was revealed only when it was referred to in a parliamentary question that was subsequently circulated on the internet (parliamentary privilege

Parliamentary privilege

Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator. It is common in countries whose constitutions are...

 protects statements which would otherwise be held to be in contempt of court). Before it could be challenged in court, the injunction was then varied to permit reporting of the question. By long legal tradition, parliamentary proceedings may be reported without restriction. Parliamentary proceedings are only covered by qualified privilege. Another example of the use of a superinjunction was in a libel case in which a plaintiff who claimed he was defamed by family members in a dispute over a multimillion pound family trust obtained anonymity for himself and for his relatives.

Roy Greenslade

Roy Greenslade

Roy Greenslade is Professor of Journalism at City University London and has been a media commentator since 1992, most notably for The Guardian....

 credits the editor of The Guardian

The Guardian

The Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...

, Alan Rusbridger

Alan Rusbridger

Alan Charles Rusbridger is the editor of the British newspaper The Guardian. He has also been a reporter and a columnist.-Early life:...

, with coining the word "super-injunction" in an article about the Trafigura affair in September 2009.

The term "hyper-injunction" has also been used to describe an injunction similar to a superinjunction but also including an order that the injunction must not be discussed with members of Parliament, journalists or lawyers. One known hyper-injunction was obtained at the High Court in 2006, preventing its subject from saying that paint used in water tanks on passenger ships can break down and release potentially toxic chemicals. This example became public knowledge in Parliament under parliamentary privilege.

By May 2011, Private Eye

Private Eye

Private Eye is a fortnightly British satirical and current affairs magazine, edited by Ian Hislop.Since its first publication in 1961, Private Eye has been a prominent critic and lampooner of public figures and entities that it deemed guilty of any of the sins of incompetence, inefficiency,...

claimed to be aware of 53 super-injunctions and anonymised privacy injunctions, though Lord Neuberger's report into the usage of super-injunctions revealed that only two super-injunctions had been granted since January 2010. Many media sources were wrongly stating that all gagging orders were super-injunctions.

See also

• Anti-Social Behaviour Order
  Anti-Social Behaviour Order
  An Anti-Social Behaviour Order or ASBO is a civil order made against a person who has been shown, on the balance of evidence, to have engaged in anti-social behaviour. The orders, introduced in the United Kingdom by Prime Minister Tony Blair in 1998, were designed to correct minor incidents that...
  
   (UK)
• Anti-suit injunction
  Anti-suit injunction
  In the area of conflict of laws, anti-suit injunction is an order issued by a court or arbitral tribunal that prevents an opposing party from commencing or continuing a proceeding in another jurisdiction or forum...
  
  
• Anti-Injunction Act
  Anti-Injunction Act
  The Anti-Injunction Act, , is a United States federal statute that prohibits any federal court from issuing an injunction against proceedings in any state court, except within three specifically defined exceptions...
  
  
• Burden of proof
• Civil litigation
• Interim order
  Interim order
  The term interim order refers to an order passed by a court during the pendency of the litigation. It is generally passed by the Court to ensure Status quo. The rationale for such orders to be passed by the Courts lie are best explained by Latin legal maxim "Actus curiae neminem gravabit" which...
  
  
• Cross-border injunction
  Cross-border injunction
  In European law, and especially in European intellectual property law, a cross-border injunction is an injunction by a court in one European country, such as a court in the Netherlands forbidding infringement in several other European countries....
  
  
• Declaratory judgment
  Declaratory judgment
  A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party. In this way, the declaratory judgment is like an action to...
  
  
• Equity (law)
• Equity court
• Gang injunction
  Gang injunction
  A gang injunction is a court-issued restraining order prohibiting gang members from participating in certain activities. It is based on the legal theory that gang activity constitutes a public nuisance that prevents non-gang members from enjoying peace in their communities.-History:While Los...
  
  
• Lawburrows
  Lawburrows
  Lawburrows is a little-known civil action in Scots law initiated by one person afraid of another's possible violence.-Lawburrows Act 1429:The 1429 Act remains in force and says-Civil law and the rights of individuals:...
  
   (Scotland)
• Lawsuit
  Lawsuit
  A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
  
  
• Mareva injunction
  Mareva injunction
  The Mareva injunction , in Commonwealth jurisdictions, is a court order which freezes assets so that a defendant to an action cannot dissipate their assets from beyond the jurisdiction of a court so as to frustrate a judgment...
  
  
• Peace bond
  Peace bond
  In Canadian law, a peace bond is an order from a criminal court that requires a person to keep the peace.Usually, other conditions are attached such as a requirement to abstain from certain activities or avoid communicating, directly or indirectly with certain individuals and/or avoid certain...
  
  
• Protection From Abuse
• Standing
  Standing (law)
  In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case...
  
  

External links

• On the Difference Between Lawsuit, a Restraining Order, and an Injunction