Mandatory Injunctions

February 12th, 2021 by James Goudie KC

In Mohammad v SSHD (2021) EWHC 240 (Admin) Chamberlain J stated principles in relation to mandatory injunctions against public authorities. They include :-

  1. There is a distinction between procedural directions and mandatory injunctions;
  2. An injunction made on paper and with no penal notice attached is binding;
  3. It has to be complied with before the time stipulated unless it is set aside before that time;
  4. A pending application to discharge or vary the order does not excuse a failure to comply;
  5. An order may impose an obligation of result, not merely an obligation to make reasonable efforts to comply; and
  6. Breach can result in proceedings for contempt.

Comments are closed.