If you need to preserve or prevent the loss of an asset, protect against personal harm, prevent loss or damage to reputation and safeguard business or personal interests, it may be necessary to apply for an injunction.
An injunction is an emergency remedy in the form of a court order requiring a party to do or stop doing a certain act. An interim injunction is a temporary injunction, which is usually granted pending a further hearing or until a full trial of the dispute. Before granting an injunction, the court must be satisfied that there is a serious issue to be tried and that damages would not be an adequate remedy.
It is therefore important for you to be advised whether an injunction is a suitable remedy and whether, tactically, it is the right move. We advise on the risks and consequences inherent in this type of case.
By their nature, an application for an injunction will usually require solicitors to work urgently (sometimes round the clock) as it is important to strike at the right time and/or react with speed and intelligence when on the receiving end of an application for injunctive relief.
Typically, injunctions may be obtained in the following situations:
- Defamation and privacy matters
- Freezing orders e.g. freezing bank accounts or assets
- Protection from harassment
- Restraining the sale of land or property
- Restraining winding up petition
- Preventing nuisance and trespass
- Preventing breach of contract or confidence
- Search orders, e.g. to preserve evidence and/or property
- Enforcing restrictive covenants, including restraint of trade and non-compete clauses
- Specific performance, e.g. an order requiring a party to perform a specific act
To discuss any injunction issues or requirements please contact a member of our team on 01204 377 600.