Injunctions
When urgent action is needed, an injunction can provide immediate legal protection. An injunction is a court order that requires a party to take a specific action or stop doing a specific act. In many cases, an injunction can prevent further loss, protect valuable assets, or preserve your position whilst a dispute is being resolved. We have extensive experience securing injunctions. By giving clear, practical advice, from the outset we work closely with you to understand your need and to protect your interests.
The underlying claim
An injunction isn't a claim in itself. You'll need an underlying legal claim against your opponent before the court will grant injunctive relief. We'll identify the strongest basis for your claim, explain your options clearly, and help you build the right strategy from the outset.
Discretion
The court has discretion when deciding whether to grant an injunction. We'll assess your position at an early stage, including whether damages may be a suitable alternative and where the balance of convenience lies. This helps us evaluate the strength of your case, whether you're applying for the injunction or defending an application for an injunction.
Acting promptly
When it comes to injunctions, timing is critical. Delays can affect your chances of obtaining injunctive relief. We'll act quickly on your instructions, provide clear advice, and take swift action to prevent any prejudice arising through delay.
Undertaking in damages
When applying for an injunction, you will need to provide an undertaking in damages. This is a promise to compensate the other party if the court later decides the injunction should not have been granted. We'll advise you on providing or challenging an undertaking in damages, supported by a careful review of the relevant financial evidence.
Penal notice
If an injunction is breached it is contempt of court, we can assist you with enforcing an injunction.
Questions we’re often asked
Yes, in certain limited circumstances you can obtain an injunction without notice to your opponent. However, most injunction are obtained on notice i.e. your opponent has a chance to present at the hearing when the Court decides whether to grant an injunction.
Yes, we will consider whether alternative relief may be suitable together with, or instead of an injunction. This could include an order for specific performance (compelling a party to fulfil a contractual obligation).
There is a wide range of injunctions available and the most suitable depends on what you are seeking to protect. For example, you may wish to explore a freezing injunction to prevent the dissipation of assets, a search order to locate relevant documentation and information, a mandatory injunction to require someone to take certain action or a prohibitory injunction to stop someone from doing a particular act.
Experts in every area
Need an expert in
commercial disputes
?
For more information or a no obligation discussion, please call or email our team today.
-min.avif)
