Injunctions

It was settled law that the principles on which a mandatory injunction should be granted were, effectively, that the court needed to have in mind that: (i) the overriding consideration was to attempt to find the course that would provide the least risk of injustice; (ii) an order requiring a party to take some positive step might well carry greater risk of injustice if it turned out to have been wrongly made; (iii) it was legitimate where a mandatory injunction was sought to consider whether the court had a high degree of assurance that the claimant would be able to establish the claimed right at trial; and (iv) even where the court did not feel that high degree of assurance, it might still be right to grant a mandatory injunction where the risk of injustice if the injunction was refused outweighed the risk of injustice if it was granted.