Example sentences of "[prep] way of injunction " in BNC.
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| 1 | This is because when there is an actionable nuisance the law provides a legal remedy by way of injunction or damages and this it is not prepared to do in respect of every odour found to be annoying or objectionable ; neither would it be practicable especially since odours are notoriously subjective in nature affecting some individuals and not others and causing a variety of symptoms . |
| 2 | There can be no doubt , since the decision of this House in Stoke-on-Trent City Council v. B. & Q. ( Retail ) Ltd. [ 1984 ] A.C. 754 , that a local authority has power , in appropriate circumstances , to proceed in its own name by way of injunction to restrain infringements of section 47 of the Shops Act 1950 . |
| 3 | On the face of these two statutory provisions , it appears that proceedings in its own name by way of injunction are open to a local authority in order to secure observance of section 47 of the Shops Act . |
| 4 | It is true that the section does not expressly refer to proceedings by way of injunction as such ; but , as I have previously said , the breadth of the section is such as to embrace injunction proceedings , brought under the power subsequently conferred by section 222 of the Local Government Act 1972 , when such proceedings are necessary . |
| 5 | It is also true that proceedings by way of injunction are not the only form of proceedings open to a local authority under the section ; but , unlike Mann L.J. , I am not impressed by that fact , because , in practice , for reasons I have previously given , the circumstances in which injunction proceedings may be successfully brought by a local authority are such that no other proceedings will be effective to enforce the law . |
| 6 | In so deciding , he had to take into account the fact that it was plain that Wickes would , unless restrained , continue to act in contravention of section 47 of the Shops Act 1950 ; and that , in practical terms , proceedings by way of injunction were the only means open to the council to perform its duty to enforce the provisions of section 47 . |
| 7 | If , when agreed , the restraint was not excessive it will remain valid in law but in deciding whether to grant equitable relief by way of injunction , the court will have regard to the circumstances obtaining at the date of the alleged breach . |
| 8 | Enforcement of restraint covenants will be by way of injunction , if the firm does not in the event consider that the attendant publicity will do as much damage as an actual or threatened breach . |