Disobedience to a mandatory order, injunction or specific performance order

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Disobedience to a mandatory order, injunction or specific performance order
  • Which court orders are covered by CPR 70.2A
  • Who is a disobedient party?
  • What can the court do in the face of disobedience to a court order

Disobedience to a mandatory order, injunction or specific performance order

Not all judgments and orders are for payment of money by one party to another; instead the judgment or order may be a direction that a party do something. If the party ordered to do a particular act fails to do so, the court can intervene to ensure that the act required is still accomplished.

CPR 70.2A is directed to that end and should be considered alongside other provisions for contempt in failing to comply with a court order (which are however separate—see: Tapecrown).

Which court orders are covered by CPR 70.2A

CPR 70.2A applies where a party has obtained any of the following:

  1. a mandatory order—eg party A obtains an order that party B destroy certain goods which breach design rights

  2. an injunction—eg party A obtains an injunction requiring party B to take down a building which breaches a right to light (see, eg Practice Note: Rights of light claims)

  3. a judgment or order for specific performance of a contract—eg where party A has contracted

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