Contents

Chapter 5
Compulsory enforcement

Introduction

5.1Common law courts have traditionally declined to grant injunctions or make mandatory orders against the Crown.50 The Crown Proceedings Act 1950 does not allow injunctions against the Crown. When the Judicature Amendment Act 1972 introduced the granting of interim orders, a similar prohibition was introduced in relation to the Crown.51 Neither prohibition applies to the granting of injunctions or orders against officers, although the Crown Proceedings Act prevents an injunction if such an injunction would, in effect, be granted against the Crown. This chapter looks at whether this position should be retained or whether it should now be possible for the court to grant an injunction against the Crown.
50However, such orders were traditionally granted in Scotland. See the discussion in Davidson v Scottish Ministers (No 1) [2005] UKHL 74 at [60] per Lord Rodger.
51The prohibition against injunctions is in s 8 of the Judicature Amendment Act 1972.