Injunctions – what you need to know

An injunction is used to either order a party to or prevent a party from taking a specific action. Injunctions can provide swift and effective relief across a wide range of disputes, including commercial conflicts, family law cases, employment issues and more.

In this article, we explain the different types of injunctions, when and how they may be used, and what happens if an injunction is breached.

• Prohibitory Injunctions – prevents a party from carrying out a specific act. E.g. making negative posts about you or the issue on social media, disclosing confidential information etc.
• Mandatory Injunctions – requires the other party to carry out a specific act. E.g. removing an obstruction or returning a property to its original state.
• Interim Injunctions – temporary order placed before a final decision is made to preserve the status of the case and prevent irreparable harm.
• Final Injunctions – issued after a trial and serves as a lasting resolution.
• Freezing Injunctions – mostly used in fraud cases, this is used to prevent a defendant from the disposal of assets that could impact the case.
• Search Orders – mostly used in intellectual property or fraud cases, this allows the applicant access to the other parties’ premises to search and seize evidence.
• Anti-Suit Injunctions – prohibits the other party from starting or continuing legal proceedings.

In order to have an injunction put in place, you first need to make sure your case is either;

• A serious issue to be tried with a reasonable prospect of success
• You can prove that being awarded damages alone would not be an appropriate resolution
• That you have considered the consequences for both parties if the injunction is placed or denied.

As with any legal dispute, seeking professional legal advice is crucial, as it will explain how best to proceed with your case. If that requires having an injunction put in place, there is a specific process you need to follow:

• Application – this is usually supported by a witness statement and evidence and must be submitted to the court.
• Ex Parte or On Notice Hearing – in some cases, an on-notice hearing is not necessary, and the other party does not need to be notified, but others do, so ensure you understand the requirements of the injunction you want in place
• Considerations – the court will always consider certain factors when making decisions. For example, they will take into consideration the likelihood of success and any harm that could impact either party
• Injunction Granted – if the judge is happy with the application, you will be informed if an injunction is in place, its terms and duration.

Breaching an injunction can carry serious consequences, ranging from fines, seizure of assets to, in extreme cases, imprisonment. The severity of the penalty will depend on the injunction and the terms set out in it. It is essential to seek professional legal advice to ensure you fully understand what you can and cannot do, whether an injunction has been made by you or against you.

If you are involved in a legal dispute and considering an injunction, our experienced Litigation team can guide you through the process, cut through the legal jargon and work strategically to achieve the best possible outcome.

Contact the team and book a free 30-minute consultation to discuss your options.

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