Contact us
|
0113 207 0000
Contact us |
Sign up to our newsletter |
0113 207 0000 |

Injunctions

If you need an urgent legal remedy to preserve property, money, evidence, or your rights, then Blacks Solicitors can help.

An Injunction is a Court Order which requires a party to do, or to refrain from doing, a certain act. Injunctions are imposed at the discretion of the Court where it is just and convenient to do so, but the Court will not usually grant an Injunction where damages would be an appropriate alternative.

There are three types of Injunction:

  • Mandatory – requires a specific act to be done for example ‘You must remove that obstruction’
  • Prohibitory – requires a party to stop doing a specific act for example ‘You must not publish the libellous article’
  • Quia Timet – requires a party to act to prevent harm occurring in the future

Injunctions can be obtained at any time (including before proceedings have started or after a judgment has been given) and can be obtained without notice to the other party if there are good reasons for this (such as extreme urgency or a need for secrecy).

The Court will decide whether to grant an Injunction based on the ‘balance of convenience’ test and will weigh the interests of both parties.

If it considers one party would be unduly harmed by the making of an Injunction, the Court will refuse the Application.

The side applying for an urgent or an interim Injunction will have to provide an ‘undertaking in damages’, which means they promise to compensate the other party for any losses incurred as a consequence of the Injunction if it is later held following trial that the Injunction was wrongly granted.

Any Application for an Injunction must be made promptly. An Application can be defeated on the grounds of either delay or acquiescence.

Injunctions can also have a Penal Notice attached, so that if the Defendant breaches the Injunction, they will be held in contempt of Court and may be fined or imprisoned.

Due to the serious nature of an Injunction, they can be difficult to obtain and the Court will require detailed evidence in support of any Application.

 

For more information about how to obtain an Injunction, or for a free no obligation discussion, please email or call our Commercial Dispute Resolution team today on 0113 207 0000.

Share this

What our clients say

  • We really appreciated your help. Good work. That is twice your firm have helped us out of a tight corner and considering our trade, I expect we will be a back again.

    Share this
  • We cannot adequately convey our gratitude to Luke Patel and his team for the overwhelming support and hard work for bringing us to our success.

    Share this
  • I wanted to say a massive thank you to you and the company of how you treated me and my case I cannot recommend you both highly enough. I look forward to meeting again in 28 days.

    Share this
  • It has been a hard two years in terms of money on our part and effort on your part. One thing that sustained us was your indefatigable energy and skills in confronting a determined organisation who did not listen to reason.

    Share this
  • The quality of the service was excellent. We were kept up to date throughout our one year experience.

    Share this
  • Luke was very personable, professional, measured and met all our expectations. The strategy and tactics he deployed from day one were carefully thought out. He gave us clear and honest advice throughout and informed us of the options available to us at each stage of the litigation. He was able to deliver his “killer blow” at the right time which caused the opponents to come to the table and do a deal.  I would have no hesitation recommending him or using him, and Blacks, should the need ever arise again.

    Share this
  • As always Luke was at once incisive, caring and comprehensive in providing a legal solution in the most concise and cost-efficient way possible. He is a man of great integrity, sincerity and poise. In my experience, he acts in his client’s best interests always. My go to lawyer.

    Share this
Read more

Sectors we specialise in