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Oxford Journal of Legal Studies Advance Access originally published online on May 29, 2007
Oxford Journal of Legal Studies 2007 27(3):509-535; doi:10.1093/ojls/gqm004
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© The Author 2007. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oxfordjournals.org

Rethinking Injunctions in Tort Law

John Murphy*

Correspondence: * School of Law, University of Manchester. Email: john.murphy107{at}ntlworld.com


  Abstract

This article considers the way in which injunctions have generally been made more freely available in tort in connection with the protection of property and property-like interests. It argues that this prioritization of property can be viewed as undermining the generally accepted hierarchy of protected interests. It then argues that if negligence law were seen as a tort that embraces not just careless, but also deliberate and reckless conduct, it could be used as a basis for granting injunctions in a number of important circumstances that would help to restore the right to bodily integrity to its rightful place at the top of the hierarchy of protected interests in tort law.

I am especially grateful for the helpful comments of Margaret Brazier, Andrew Burrows, Francesco Giglio, Anthony Ogus, Stephen Waddams, Christian Witting and the anonymous referee.


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