Injunctions are Court Orders that require a party to do something or refrain from doing a specific act. Providing the party seeking one has a valid claim and can demonstrate to the Court the urgency in making the application, they can provide a useful remedy and are made on an interim or final basis.
An application for an injunction can be applied for with or without notice to the party that is being pursued. Generally, the Court will require the application to be made with notice unless there is real urgency or immediate threat involved in which case a without notice application may be considered the most suitable course of action.
An interim application is made to the Court usually in the interim period between the commencement of proceedings and trial. However, some interim remedies can be applied before the commencement of proceedings.
The Court will only grant an injunction if it is satisfied that it is the correct remedy and addresses the need to deal with matters expeditiously.
Prohibitory and Freezing Injunctions are just two examples of the types of interim injunctions which may be used in the following examples:
- To prohibit a person from disclosing confidential information;
- To stop a person from causing a nuisance to you which may be an immediate threat;
- To restrict the way in which a person deals with his or her assets. A freezing injunction may be used to restrict a person from moving assets abroad, to preserve assets which may otherwise be dissipated or hidden;
- To prevent the unlawful removal or retention of a client’s property or assets.
Final injunctions are only granted at trial as a remedy after the judge has considered the case in full.
Due to the need for urgent action, applying to the Court for an injunction can be expensive. Often, it is a delicate balancing act between risk and reward and that is why our team will understand your commercial objectives and expertly guide you through the process.
Act swiftly by calling our Dispute Resolution team now on 01908 662277.