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).
Injunctions are remedies, not causes of action. Therefore, you can’t sue for an Injunction. In certain limited circumstances it is possible to obtain a ‘Super Injunction’, which means that even the fact that an Injunction has been granted can’t be reported.
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 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 no obligation discussion, please email or call our Dispute Resolution team today on 0113 207 0000.