Legal English – Peter’s Pills – Lesson 36 – Injunction (false freind)

Legal English for Notaries - By Federnotizie

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“.


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