Injunctions

An injunction is a court order requiring a party either: 

  • To do a specified act (mandatory injunction)
  • To refrain from doing a specified act (prohibitory injunction)

An injunction can only be obtained if you can convince the court in consideration of all the circumstances of the case that it should be granted (a discretionary remedy)

An injunction may be sought to:

  • Prevent anticipated wrongdoing (a quia timet injunction), such as undertaking building work that will damage your property
  • Negate the benefit of wrongdoing (a springboard injunction), such as preventing someone from benefitting from a wrongful use of confidential information.

An injunction may be granted on an interim or final (permanent) basis and different considerations apply, depending on which is sought.

The exact type of injunction granted will depend on each case. Some common types of injunction are as follows:

  • Freezing injunctions, restricting dealings with assets.
  • Orders directing a party to provide information about the location of property or assets, either linked to a freezing injunction, or as a standalone order.
  • Search orders, permitting a search of a respondent’s property to preserve evidence and property.
  • Orders requiring delivery up of property under section 4 of the Torts (Interference with Goods) Act 1977.

Other injunctions commonly encountered include:

  • Injunctions to protect interests related to real property, for example, rights of light.
  • Injunctions to restrain trespass or nuisance (damage to real property), (including public nuisance)
  • Injunctions to restrain unlawful competition by directors and employees
  • Anti-suit injunctions, restraining foreign legal proceedings
  • Proprietary injunctions, protecting property and trust assets
  • Privacy and confidentiality injunctions, protecting an applicant’s personal privacy or confidentiality in business or personal information
  • Injunctions protecting patentee or IP right-holder rights
  • Injunctions, to prevent the presentation of a winding-up petition.

Our specialist team will advise you if an injunction will best achieve your wishes. If so, we will advise you of your prospects of success, the best strategy to obtain what you want and the costs.

Question: Do you need an injunction?

If so, please Contact Us