Often in the course of business, urgent action is required to prevent or assist circumstances which involve injunctive action.
An injunction is a Court Order prohibiting a person from doing something or requiring a person to do something. Often, as a first stage, an interim (or temporary) injunction will be obtained which will last until a further Court Order is made or the trial is heard in full.
There are many types of injunction but the most common are as follows:-
- Orders preserving property.
- Search Orders (requiring a party to admit another party to premises for the purposes of preserving evidence).
- Freezing Order (to restrain disposal of assets).
- Orders for disclosure of documents before proceedings (where it appears to the Court to be likely that a potential party to proceedings has in their possession documents which are relevant to a claim).
- Orders of disclosure of documents by a non-party.
- Springboard Relief (An injunction to prevent a former employee who has used confidential information to their own advantage from gaining a head start in competition with their former employer).
- Prohibitory Injunction (requiring a party to refrain from doing a specific act). A prohibitory injunction may be interim whereby a provisional measure is taken at an early stage in proceedings and remains in force until discharged by the Court. Alternatively, it may be final which tends to be granted after the conclusion of proceedings to last perpetually or until a specific date.
For a more in depth overview, please refer to our Guide to Injunctions.
What is an Injunction?
An injunction is a court order prohibiting an individual or entity from actioning something or requiring that entity to do something.
Time is of the essence
If an injunction is needed – urgent action is required. So, if you become aware of an issue that requires injunctive relief, you need to act on it fast. In the alternative, if you are on the receiving end of an injunction, you should seek legal advice as a matter of urgency.
How we can help
Our team of experts have brought and defended many disputes involving injunctions over the years. The team has the knowledge, strength and depth to deal with these matters.
We also advise businesses on areas that may give rise to them being subject to an injunction.
Due to the time and work involved in applying for an injunction, the costs can be high, but it is often better to incur costs early so as to reduce the risk of spending more in the long term.
We will always scope out estimates for matters and provide you with a view of the likely costs associated with applying for or defending injunctions and then advise you on the best way to progress your matter.