Do you want to have an injunction put in place? Do you understand the different types of injunction and what they are for? Have you been issued with injunction proceedings? We can help.
An injunction is a type of court order that can be put in place to offer swift and effective relief in commercial conflicts, family law disputes, employment disputes and more, with the purpose of restricting the action of another party in some way. Injunctions can be very specific or quite broad and they have legal teeth in that breaching them can result in fines or even imprisonment.
If you need to issue an injunction you need the right litigation solicitors to give you the best chance of succeeding. If you have received notice of injunction proceedings from someone else then you need to respond in the right way to avoid restrictions on your business or even worse. Our expert team are here to guide you through the process and achieve the best outcome.
The different types of injunction
There are a variety of injunctions that serve different purposes,. Which type to use will depend on your individual circumstances and the severity of the situation you are looking to address. Here are some of the more common types that might apply in a business dispute:
- Prohibitory Injunctions – prevent someone from doing something, for example breaching a contract or making defamatory comments
- Mandatory injunctions – require someone to do something, for example returning a stolen customer list
- Freezing Injunctions – prevent someone from disposing of or moving assets
- Search Orders – allow for someone’s premises to be searched, usually to preserve evidence such as documents or data on electronic devices
- Anti-Suit Injunctions – prevent someone from starting or continuing legal proceedings in another jurisdiction
- Springboard Injunctions – deprive someone of the benefit they have gained from earlier unlawful conduct, for example the benefit gained from taking confidential information from their employer
Injunctions can also be granted on an interim or final basis.
- Interim injunctions last until a certain date and are used to enforce your rights temporarily while a final court hearing is awaited
- Final injunctions are normally granted at the final court hearing to enforce your rights going forward
The process of making an injunction application
There is a specific process that needs to be followed when making an injunction application. The first step is to complete the application and submit it to the court with any evidence and witness statements that support your case. The court will consider a number of factors when deciding whether to grant the injunction or not. If the application is successful and the judge is satisfied, they will issue an order that details the terms and duration of the injunction.
To maximise your chances of success we will need to understand all the details of your case so we can put that case forward in the best possible light. There will normally also be a tight timeframe as you will be seeking to stop someone from damaging your business as quickly as possible. As a result injunction proceedings can be an intense process. In many cases the threat and cost of defending an injunction case may be enough to deter your opponent, and we will be able to advise on this and whether or not to proceed with a full injunction application.
Consequences of breaching an injunction
If an injunction is breached, it can result in fines, seizure of assets and in extreme cases, imprisonment. The severity of the consequences will depend on the type of injunction and its terms.
If you have been issued with injunction proceedings you shouldn’t ignore them and should seek professional legal advice to give you the best chance of defending against them. If you have already had an injunction granted against you, it’s critical to fully understand what you can and cannot do, otherwise you risk the severe consequences outlined above.
Help from the experts at Backhouse
If you are in a legal dispute and need to issue or defend injunction proceedings, our litigation experts are here to help. We will explain the process, gather the information, guide you through the application and if necessary the injunction hearing. Contact our team using the details below to 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.