; ),
is a common law
injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in pa ...
to restrain
wrongful act
A wrong (from Old English – 'crooked') is an act that is illegal or immoral. Legal wrongs are usually quite clearly defined in the law of a state and/or jurisdiction. They can be divided into civil wrongs and crimes (or ''criminal offenses'') ...
s which are threatened or imminent but have not yet commenced. The 1884 English legal case of ''
Fletcher v. Bealey''
8 Ch.D. 688 at p. 698stated the necessary conditions for the
equity courts to grant an injunction in such cases:
# proof of imminent danger;
# proof that the threatened
injury will be practically irreparable; and
# proof that whenever the injurious circumstances ensue, it will be impossible to protect
plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the p ...
's interests, if relief is denied.
''Brevia anticipantia''
remedies were
writ
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...
s at
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
. According to
Lord Coke
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or a ...
, "there be six writs of law that may be maintained quia timet, before any molestation, distress, or impleading; as. 1. A man may have his writ or
mesne Mesne (an Anglo-French legal form of the O. Fr. ''meien'', mod. ''moyen'', mean, Med. Lat. ''medianus'', in the middle, cf. English ''mean''), middle or intermediate, an adjective used in several legal phrases.
* A mesne lord is a landlord who has ...
, before he be distrained. 2. A
warrantia chartae
''Warrantia chartae'' is an ancient and now obsolete writ, which was issued when a man was enfeoffed of land with warranty, and then he was sued or impleaded in assize or other action, in which he could not vouch or call to warranty. It was brough ...
, before he be imploded. 3. A
monstraverunt
A writ which lies for the tenants of ancient demesne who hold by free charter, and not for those tenants who hold by copy of court roll, or by the rod, according to the custom of the manor.
References
Writs
Writs of prevention
Legal documents ...
, before any distress or vexation. 4. An
audita querela, before any execution sued. 5. A
curia claudenda
''Curia claudenda'' is an old English writ, used to compel a party to enclose his land.
References
Writs of prevention
Legal documents with Latin names
{{England-law-stub ...
before any default of inclosure. 6. A
ne injustice vexes
NE, Ne or ne may refer to:
Arts and entertainment
* Neutral Evil, an alignment in the American role-playing game ''Dungeons & Dragons''
* New Edition, an American vocal group
* Nicomachean Ethics, a collection of ten books by Greek philosopher Ar ...
, before any distress or molestation. And those are called brevia anticipantia, writs of prevention."
[ Coke on Littleton 100]
injunctions
injunctions refer to a type of injunction in English law obtained where a wrong is anticipated. literally means "because he fears".
According to ''
Graigola Merthyr Co Ltd v Swansea Corpn'' to obtain a injunction there must be an immediate threat to do something.
[Jonathan Garton, Graham Moffat, Gerry Bean, Rebecca Probert (2015) ''Moffat's Trusts Law: Text and Materials'', Cambridge: Cambridge University Press, p. 724] Moffat's Trusts Law states that a injunction can both prohibit something or mandate something to occur.
[
]
References
Legal documents with Latin names
Equity (law)
Writs of prevention
{{England-law-stub