ABSTRACT
This chapter considers the equitable remedy of injunctions. It concerns the general principles governing the award of various types of injunction before trial and injunctions awarded after trial and focuses on the equitable doctrine of confidence and its role in the particular context of 'super-injunctions', which are a form of interim injunction. Injunctions can be used in a broad range of factual situations, from family law disputes to commercial litigation. The prohibitory injunction requires the defendant to refrain from an action. Specific performance refers specifically to contractual obligations, whereas a mandatory injunction has broader application outside specific performance and gives the court greater leeway to impose conditions on its performance. The classic test for the availability of an interim injunction was contained in American Cyanamid v Ethicon Ltd. The difficulties of correlating the freedom of Parliament in a democratic society to debate any issue it pleases with the independence of the judiciary to make any lawful order.
