Professor David Capper publishes 'Injunctions in Private Law'.
Part of the Elgar Litigation Series
Congratulations to Professor David Capper on the publication of his book 'Injunctions in Private Law', as part of the Elgar Litigation Series.
This comprehensive work explores the critical role of injunctions as remedies within the legal framework, defining them as court orders that require individuals committing legal wrongs to cease harmful actions. In exceptional cases, injunctions may also mandate positive steps to rectify harm already inflicted. For individuals facing ongoing violations of their rights, injunctions often represent the remedy of choice.
This book explains the most typical situations where an injunction may be granted. It also explains when the person invading the rights of another may be permitted to pay damages instead of being subjected to an injunction.
Another important feature of injunctions law covered by this book is the claimant’s right to apply for an interim injunction to prevent the invasion of their rights until the trial of their claim for a final injunction.
The current legal debates about when a claimant should be entitled to an injunction instead of damages and the appropriate legal test for determining when an interim injunction should be granted are examined in detail in this text. The contemporary issue of injunctions against persons unknown, particularly protesters and travellers, which was the subject of the UK Supreme Court decision in Wolverhampton City Council v London Gypsies and Travellers [2023] UKSC 47, also receives detailed treatment.
