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 offer swift and effective relief in various disputes, including commercial conflicts, family law, employment issues and more.

In this article, we will take you through the different types of injunctions, when and how you can put one in place and what happens if you or another party breaches it.

• 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 disposing 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.

Consequences of breaching an injunction can range from fines, seizure of assets and in extreme cases, imprisonment. The severity of the consequence depends on the injunction and the terms set out in it. It is vital to seek professional legal advice to ensure you fully understand what you can and cannot do if one has been put in place by you or against you.

If you are in a legal dispute and are looking to put an injunction in place, our litigation experts will help guide you through the maze of processes and jargon and fight your corner to get the best possible outcome for you.

Contact the team using the details below and book your free 30-minute consultation to discuss your options.

Tel:          01245 893400
Email:     info@backhouse-solicitors.co.uk
Visit:       17 Duke Street, Chelmsford, CM1 1JU
Or send us a message through the Contact Us page on this website.