The role of the injunctions in compensating damages by studying the law of England and Iran

An injunction, as a remedy in tort law, is a court order prohibiting a person from doing something or requiring a person to do something. Given the wide range of subjects of these orders, this article examines what tests are established in English and Iranian law for its issuance and what obstacles can make the courts reluctant in issuing an injunction? injunctions may be issued before the final judgment as a temporary remedy or in the final judgment as permanent remedy. This article shows that, in general, injunctions in both legal systems is absolutely based on the discretion of the court, and whenever the court finds that the best remedy is the injunction, and damages cannot adequately compensate the victim’s losses, it issues the injunction. Accordingly, if the court finds that the issuance of an injunction violates the liberty of persons or inflicts unjust losses on the defendant, it refuses to issue the injunction and award damages instead of an injunction. But in English law, the loss of public resources cannot override the victim’s right to the injunction. Whereas the public interest in Iranian law have been considered by lawmakers and can be an obstacle to the issuance of an injunction.