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Injunction (often a false friend)
Transcript:
Make sure you understand how injunction is commonly used in Legal English.
In legal terms an injunction almost always has a negative implication. Fundamentally an injunction is a restrictive court order. It is an order to abstain from doing something or an order NOT TO DO something in the present or the future. For example, in real estate a court may impose an injunction (diffida; ordine di non fare) for the sale of the property to the third-party if a selling party agrees to sell a parcel of land to an individual and subsequently accepts and pursues an offer from a thirdparty purchaser.
The three main types of injunctions are:
Permanent Injunctions where the court orders not to ever do something again. For example in cases of stalking the court could order an injunction not to come within 400 meters of the victim or to never call the victim again.
Temporary injunctions for example where the court may order a wife not to sell anything in the family home until the succession is finalised.
Preliminary injunctions which are issued during lawsuits. While cases are being heard, the courts will often issue an injunction to stop or restrain one of the parties from doing something while the case is ongoing. For example if two homeowners are in dispute about who owns trees on the respective boundaries of their properties, the court may issue a preliminary injunction preventing a party from cutting down the trees while the procedure is ongoing.
When the court orders someone to DO something we generally use the expressions a court order (ingiunzione del tribunale) or simply an order (ingiunzione). For example there could be an order for payment procedure (procedimento di ingiunzione); or an order to pay (ingiunzione di pagamento).
Thank you very much and see you next time for more Peter’s Pills to improve your Legal English!
Look here to find out more more about preliminary injunctions in real estate litigation: “Injunctions in Real Estate Litigation“.
Legal English – Sommario delle Lezioni
- Legal English – Peter’s Pills – Lesson 59 – Appurtenent vs In gross
- Legal English – Peter’s Pills – Lesson 58 – Building societies and Banks
- Legal English – Peter’s Pills – Lesson 57 – Valid, void and voidable contracts
- Legal English – Peter’s Pills – Lesson 56 – Rescission
- Legal English – Peter’s Pills – Lesson 55 – Golden expressions
- Legal English – Peter’s Pills – Lesson 54 – Pre-emption right vs Right of first refusal
- Legal English – Peter’s Pills – Lesson 53 – What do we mean by “agent” of a company?
- Legal English – Peter’s Pills – Lesson 52 – Voting at a meeting
- Legal English – Peter’s Pills – Lesson 51 – Contracts vs Deeds
- Legal English – Peter’s Pills – Lesson 50 – Executive and Non-Executive Directors
- Legal English – Peter’s Pills – Lesson 49 – Transfer of shares vs transmission of shares
- Legal English – Peter’s Pills – Lesson 48 – They, them, their for singular nouns
- Legal English – Peter’s Pills – Lesson 47 – Jointly and severally
- Legal English – Peter’s Pills – Lesson 46 – Invoice words
- Legal English – Peter’s Pills – Lesson 45 – Quotation
- Legal English – Peter’s Pills – Lesson 44 – Gazumping and Gazundering
- Legal English – Peter’s Pills – Lesson 43 – English words that the English do not understand
- Legal English – Peter’s Pills – Lesson 42 – Easement vs Profit à prendre
- Legal English – Peter’s Pills – Lesson 41 -er, -or and -ee names
- Legal English – Peter’s Pills – Lesson 40 – The Objects Clause
- Legal English – Peter’s Pills – Lesson 39 – When is Latin hot, and when is it not?
- Legal English – Peter’s Pills – Lesson 38 – Default
- Legal English – Peter’s Pills – Lesson 37 – Company Agent
- Legal English – Peter’s Pills – Lesson 36 – Injunction (false freind)
- Legal English – Peter’s Pills – Lesson 35 – Mortgage
- Legal English – Peter’s Pills – Lesson 34 – Freehold, Leasehold and Commonhold estates
- Legal English – Peter’s Pills – Lesson 33 – Transferor, Transferee and Transmittee
- Legal English – Peter’s Pills – Lesson 32 – Tax evasion, tax mitigation and tax avoidance
- Legal English – Peter’s Pills – Lesson 31 – Numbers
- Legal English – Peter’s Pills – Lesson 30 – Ordinary resolutions vs special resolutions
- Legal English – Peter’s Pills – Lesson 29 – AGM vs EGM
- Legal English – Peter’s Pills – Lesson 28 – A going concern
- Legal English – Peter’s Pills – Lesson 27 – Collocations: Violate, breach, break, disobey and infringe
- Legal English – Peter’s Pills – Lesson 26 – Company meeting words
- Legal English – Peter’s Pills – Lesson 25 – Mortgagor vs Mortgagee
- Legal English – Peter’s Pills – Lesson 24 – Fixed charges vs Floating charges
- Legal English – Peter’s Pills – Lesson 23 – Doctrine
- Legal English – Peter’s Pills – Lesson 22 – Construe
- Legal English – Peter’s Pills – Lesson 21 – Sign vs Execute
- Legal English – Peter’s Pills – Lesson 20 – The closing statement
- Legal English – Peter’s Pills – Lesson 19 – Writing Business Emails
- Legal English – Peter’s Pills – Lesson 18 – Limited companies
- Legal English – Peter’s Pills – Lesson 17 – Annual Accounts
- Legal English – Peter’s Pills – Lesson 16 – Meetings
- Legal English – Peter’s Pills – Lesson 15 – Attorney-at-law vs Attorney-in-fact
- Legal English – Peter’s Pills – Lesson 14 – Here and there compounds
- Legal English – Peter’s Pills – Lesson 13 – Subject Matter
- Legal English – Peter’s Pills – Lesson 12 – The clear days rule
- Legal English – Peter’s Pills – Lesson 11 – Shareholder, Member or Holder of shares?
- Legal English: Peter’s Pills – Lesson 10 – Competition Law
AUTORE
Peter Liebenberg è uno specialista nella formazione delle persone nella conoscenza della lingua inglese. Ha creato molti corsi nel campo dell’inglese per professionisti, tra cui English for banking, English for business e English for Insurance, ma ha sempre avuto un debole per l’inglese legale. Altri corsi che ha creato comprendono Phrasal Verbs I e II. Quando Peter non fa formazione, corre a Parco Sempione, crea arte nel suo studio sulla Martesana e fa volontariato.