When legal disputes escalate, sometimes stopping harmful conduct isn’t enough. You need the other party to take positive steps to put things right. That’s where a mandatory injunction comes in.
In this guide, we explore mandatory injunctions, covering what they are, when courts grant them, their benefits, how to apply for one, and how to defend against them.
What is a mandatory injunction?
A mandatory injunction is a court order that requires someone to take specific action. Its main goal is to put things right, protect your rights, and prevent further harm. This sets it apart from a prohibitory injunction, which only prevents an act from happening.
For example:
- A prohibitory injunction might stop a neighbour from trespassing.
- A mandatory injunction might require them to remove a fence they’ve already built on your land.
Mandatory injunctions can be:
- Interim (temporary): Granted before the final hearing, usually in urgent situations.
- Final (permanent): Granted at the conclusion of the case as part of the final judgment.
Examples of mandatory injunctions
- Restore access to property: Requiring a landlord to unblock an access road or reinstate essential services like water and electricity.
- Remove unlawful structures: Forcing a developer to demolish a building erected without planning consent.
- Return confidential information: Compelling a former employee to hand back trade secrets or sensitive data.
- Ensure safety compliance: Directing a company to carry out urgent safety measures to protect the public.
Real-life examples
Below are some real-life examples of when mandatory injunctions have been used.
Reading FC owner loses bid for mandatory injunction
In March 2025, Reading FC owner Dai Yongge failed in his attempt to obtain a mandatory injunction against former Wycombe owner Rob Couhig, whom he accused of blocking the club’s sale. Yongge had sought the injunction to remove Couhig’s securities, claiming they were preventing him from completing a deal.
Yongge had been given a deadline to sell the club after he was disqualified under the EFL’s Owners’ and Directors’ Test. This case highlights the high bar for obtaining a mandatory injunction, especially when it would interfere with third-party rights.
UniCredit v RusChemAlliance
In February 2025, the Court of Appeal granted a final mandatory anti-suit injunction, compelling a Russian company to stop proceedings in Russia that breached an English-seated arbitration agreement, reinforcing the court’s ability to enforce jurisdiction-clause compliance.
The difference between a mandatory injunction and specific performance orders
At first glance, mandatory injunctions and orders for specific performance seem similar. As both involve compelling a party to take action. However, they are distinct legal remedies with different purposes and applications.
Mandatory injunction
- Nature: An equitable order requiring someone to take positive steps, often to undo a wrongful act or restore the status quo.
- Example: Compelling a builder to complete urgent safety repairs on a property.
- When used: Typically to prevent ongoing harm or reverse an unlawful act while a dispute is being resolved, or after judgment.
Specific performance
- Nature: A contractual remedy compelling a party to carry out their obligations under a contract.
- Example: Requiring a seller to complete a property sale or a supplier to deliver goods as agreed.
- When used: Only where damages would not be adequate.
In short, while both remedies involve “doing something,” the key difference lies in their purpose. Mandatory injunctions address wrongful acts, whereas specific performance enforces contractual promises.
What factors do courts consider before granting a mandatory injunction?
The authority to grant injunctions, including mandatory injunctions, comes from:
Courts apply different considerations depending on whether the order is interim or final.
Interim mandatory injunctions
Because these are granted before a full trial, the court requires proof of:
- A strong case: Showing a high degree of assurance that the applicant is likely to succeed at trial.
- Inadequacy of damages: Demonstrating that financial compensation would not fully address the harm.
- The balance of convenience: Weighing the potential harm to both parties, with extra caution given the intrusive nature of mandatory injunctions.
- Urgency: Proving that immediate action is necessary.
Final mandatory injunctions
Once the case has been fully heard, the applicant needs to show that they have a clear legal right and that an injunction is the fairest and most practical way to resolve the issue.
At this stage, the judge will look at:
- Fairness: Does the order give a balanced outcome that respects the rights of both parties?
- Proportionality: Is the order limited to what’s really needed, without going too far?
- Necessity: Could money (damages) alone solve the problem? If not, an injunction might be the right answer.
Benefits of mandatory injunctions
- Force immediate corrective action: Particularly where inaction could cause irreparable harm.
- Protect key business interests: For example, restoring IT access or recovering trade secrets.
- Ensure fairness: Reversing unlawful acts to protect property, contractual, or employment rights.
- Strengthen leverage in negotiations: The prospect of court-ordered action often prompts settlement.
Step-by-step process to apply for a mandatory injunction
- Seek urgent legal advice: Mandatory injunctions require a robust strategy due to their high threshold. Expert advice from a qualified solicitor ensures your application meets the strict legal criteria.
- Gather evidence: The court expects clear evidence. You must be able to demonstrate urgency, the nature of the harm, and why an injunction is the only solution.
- Prepare supporting documents: You need to cover the application notice, witness statements, and a draft order specifying the exact actions required.
- Issue the application: This is usually done in the High Court for complex or high-value cases.
- Serve the respondent: Unless applying without notice in extreme urgency, the respondent is notified and given an opportunity to reply.
- Attend the hearing: The judge will review your evidence, apply the strict test for mandatory relief and decide whether to grant the injunction.
How to defend against a mandatory injunction
Being served with a mandatory injunction can feel overwhelming. These orders are often urgent and require immediate action, which can be expensive and disruptive. However, you do have options.
Here’s what to do:
Do not ignore it
Mandatory injunctions are legally binding. Failing to comply is treated as contempt of court, which can result in serious penalties, including:
- Fines
- Seizure of assets
- Imprisonment (up to two years)
- Adverse costs orders.
Even if you believe the injunction is unjust, you must comply until the court varies or discharges it. Furthermore, mandatory injunctions usually include strict deadlines for compliance, sometimes just hours or days. Missing these deadlines can have serious legal and financial consequences.Get urgent legal advice
As time is critical, an injunction solicitor can:
- Explain the scope of the order and your obligation
- Identify any grounds to challenge the injunction
- Help you apply to vary or discharge the order if appropriate (e.g. if it was granted without notice or imposes an unreasonable burden).
Prepare for the return hearing
If the injunction was granted without notice, the court will usually schedule a return hearing. This is your opportunity to present evidence, contest the injunction, and argue for it to be lifted or modified.
FAQs about mandatory injunctions
A mandatory injunction compels a party to take positive action. In contrast, a prohibitory injunction prevents a party from doing something.
In urgent cases, an application can be prepared and heard within 24 to 48 hours of instructing solicitors. For less urgent or contested applications, the process may take one to two weeks or longer, depending on the court’s availability and the complexity of the case.
Yes. The respondent can apply to vary or discharge the order, particularly if circumstances change, the injunction was granted without notice, or it imposes an unreasonable burden. This typically happens at the return hearing, where both sides can present their arguments.
Courts grant mandatory injunctions where the applicant has a strong case (likely to succeed at trial), damages alone would not be an adequate remedy, the order is fair, proportionate, and necessary in the circumstances, and urgency exists to prevent significant harm or restore a legal right.
Costs vary based on urgency, complexity, and whether the application is contested. Contact our expert injunction solicitors who will take time to understand your position and help you understand the likely costs specific to your situation.
Contact our mandatory injunction solicitors
- Fast action: We can prepare urgent mandatory injunction applications within hours where necessary.
- Specialist expertise: Our team has extensive experience handling complex injunction proceedings across all sectors.
- Practical guidance: We give clear advice on prospects of success, risks, and likely costs so that you can make informed decisions under pressure.
- Proven success: We have a strong track record in obtaining and defending mandatory injunctions in high-value and urgent cases.