Why are injunctions described as equitable remedies?

Because they originated in the courts of equity and remain subject to equitable principles, including judicial discretion.

Why might a court refuse to grant an injunction even where a tort has been committed?

Because injunctions are discretionary and will not be granted where damages would be an adequate remedy.

What balancing exercise do courts undertake when deciding whether to grant an injunction?

They balance the claimant's interest in protection against the defendant's interest in continuing their activity.

Why might a court decline an injunction even where the claimant has established a tort?

Because the defendant's interest in continuing their activity may outweigh the claimant's interest in protection after balancing conflicting interests.

How does the severity of harm influence a court's decision to grant an injunction?

Greater severity of harm weighs in favour of granting an injunction.

AQA A-Level Law 7162

The Nature of Law

Topic overview Distributive and Corrective Justice Theories of Justice: Rawls, Nozick and Marx What Law Does in Society How Law and Morality Are Enforced Moral Diversity in a Pluralist Society The Hart-Devlin Debate Procedural Justice and Utilitarianism The Rule of Law: Core Requirements Law, Rights and the Resolution of Disputes Fault and Strict Liability Where Law and Morality Overlap Wolfenden and R v Brown Aristotle on Justice Justice through Civil and Criminal Law Criminal and civil law compared Custom, statute and common law as sources Equality, Fairness and Clarity before the Law

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Access to Justice and Funding

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Delegated Legislation

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Statutory Interpretation

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Judicial Precedent

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Law Reform

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Criminal Law: Rules and Theory

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General Elements of Liability

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Fatal Offences Against the Person

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Non-Fatal Offences Against the Person

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Property Offences

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Topic overview The Areas of Tort Liability Duty of Care, Breach and Causation Secondary Victims and Occupiers' Liability Nuisance, Rylands v Fletcher and Tort Defences Damages and Injunctions in Tort Policy Limits on the Duty of Care Vicarious Liability: Justifications and Employment Status

Negligence

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Occupiers' Liability

Topic overview Occupiers, Premises and Lawful Visitors The Duty to Trespassers under the 1984 Act

Nuisance and Rylands v Fletcher

Topic overview Private Nuisance The Rule in Rylands v Fletcher

Vicarious Liability

Topic overview What Vicarious Liability Is Employment Status and the Close Connection Test

Tort: Defences and Remedies

Topic overview Contributory Negligence, Volenti and Other Defences Pecuniary and Non-Pecuniary Losses Injunctions as an Equitable Remedy

Contract: Rules and TheoryContract

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Vitiating FactorsContract

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Discharge of a ContractContract

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Contract: RemediesContract

Topic overview Damages, Specific Performance and Rescission Termination and the Right to Reject

Human Rights: Rules and TheoryHuman rights

Topic overview Article 2 and Article 5: Life and Liberty Article 11 and the Conditions for Restriction Rights, Liberties and Correlative Duties The Scope of Fundamental Human Rights Article 2 Exceptions and the Article 5 Guarantee Interfering with Article 8 Rights Article 10: Freedom of Expression and Its Limits The Human Rights Act and Categories of Rights

Human Rights in International and UK LawHuman rights

Topic overview The Origins of International Human Rights The Convention in UK Law before 1998 The Human Rights Act 1998 Criticisms of Human Rights Law

The European Convention ArticlesHuman rights

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Restrictions and EnforcementHuman rights

Topic overview The Common Requirements for Restrictions Legitimate Aims and Proportionality Bringing a Claim to the Strasbourg Court Article 46, Judicial Review and Section 7 Claims Prescribed by Law and Necessary in a Democracy Legitimate Aims for Restricting Articles 10 and 11 Enforcement in Strasbourg and at Home The Two General Conditions for Restriction Legitimate Aims across Articles 8, 10 and 11 Who May Claim and How Rights Are Enforced Supervising Judgments and Judicial Review Remedies

Reform of Human Rights LawHuman rights

Topic overview Replacing the Human Rights Act A British Bill of Rights

Human Rights and English LawHuman rights

Topic overview The Right to Life in English Law Protective Policing and the Osman Test Deprivation of Liberty in English Law Privacy in English Law Expression, Assembly and Association in English Law

Tort: Defences and Remedies

Injunctions as an Equitable Remedy

3 things to know
Paper 2

Overview

Recall questions on why injunctions are equitable, why one may be refused despite a tort, and the balance the court strikes.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

What must a claimant demonstrate regarding damages to obtain an injunction?

Key term

How might the conduct of the parties affect a court's decision on whether to grant an injunction?

Key term

What is a final (perpetual) injunction?

Questions from this subtopic

Each one with the model answer underneath.

1
Why are injunctions described as equitable remedies?
Model answer
Because they originated in the courts of equity and remain subject to equitable principles, including judicial discretion.
2
Why might a court refuse to grant an injunction even where a tort has been committed?
Model answer
Because injunctions are discretionary and will not be granted where damages would be an adequate remedy.
3
What must a claimant demonstrate regarding damages to obtain an injunction?
Model answer
That damages would not be an adequate remedy for the harm suffered.
4
What balancing exercise do courts undertake when deciding whether to grant an injunction?
Model answer
They balance the claimant's interest in protection against the defendant's interest in continuing their activity.
5
Why might a court decline an injunction even where the claimant has established a tort?
Model answer
Because the defendant's interest in continuing their activity may outweigh the claimant's interest in protection after balancing conflicting interests.
6
How does the severity of harm influence a court's decision to grant an injunction?
Model answer
Greater severity of harm weighs in favour of granting an injunction.

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