Declaration & Injunction

Injunctions and declaratory suits

A suit for declaration asks the court to declare a right or status, and to cancel a document that clouds it. An injunction restrains someone from acting. Together they cover most situations where the problem is a denial of your right or a threatened wrong rather than an unpaid bill.

Declaration

Declaratory relief settles a question that keeps resurfacing: whether you own something, whether a document is void, whether a resolution or a termination was valid. It is usually combined with a consequential remedy, because a declaration alone may not be enough.

Injunction

Temporary injunctions hold the position while a case is decided; permanent injunctions form part of the final decree. The court looks at whether you have an arguable case, whether damages would be an adequate remedy, and where the balance of convenience lies. Delay in coming to court undermines all three.

What helps

• The document or right you want declared or protected
• Evidence of the threatened act, and how imminent it is
• Proof that you acted promptly once you knew
• The consequences if the act goes ahead

Where it is heard, and how long it takes

These suits go to the civil court with jurisdiction. A temporary injunction application can be heard within days of filing where there is genuine urgency, and appeals against injunction orders are common. The main suit runs its ordinary course, often over a year.