An injunction is a temporary court order that forbids a person or business from carrying out a specific act or thing and/or orders a party to carry out specific acts. An injunction can also force a party to perform certain things. Every time a judge issues an injunction, they do it on a provisional or temporary basis. In the majority of cases involving commercial conflicts, injunctions are sought prior to the beginning of court proceedings. A party that has been served with an injunction order always has the right to petition the court to have the order changed in some way or even to have it overturned entirely.
You should not apply for an injunction simply because you believe you have a solid case and want to put tactical pressure on the defendant. Injunctive relief will not be granted to you if you make a request for it but cannot provide evidence to support the claim that the protection of your legal interests constitutes an urgent matter.
If you are issued an injunction order and then violate the terms of that order, you run the risk of being found in contempt of court and being sentenced to jail time as a result. In this article, Injunction Process, we consider the process and mechanism involved.
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The injunction process
When filing a motion for an injunction, the very first thing you need to decide is whether you will file the motion “on notice” or “ex parte”. The difference is in whether or not the applicant will be required to provide the respondent with notice of the application.
There are good reasons to seek an injunction without notice in certain circumstances, such as where there is fraud involved. Nonetheless, the courts will want there to be compelling grounds as well as extremely strong evidence before they will issue an injunction without notice. Before submitting an application for an injunction, it may be a good idea in certain circumstances to first write to the person who might be subject to the injunction. An excellent illustration of this would be the sending of a “cease and desist” letter in response to an intellectual property (IP) violation.
The applicant must demonstrate that there is an immediate necessity for the court to defend their legal rights and interests in order for the court to grant the injunction. The length of time that has passed since the injunction was requested is going to be taken into consideration by the court.
The following are the steps that need to be taken in order to file for an injunction:
- Application for an injunction
- Draft of the claim form – In the event that no formal legal procedures have been initiated as of yet, a draft of the claim form that outlines the legal grounds for claims lodged against the respondent.
- Witness statements in support of the application will need to be extensive and set out the evidence to support the application and the factual backdrop in a complete manner. This means that the statements must contain any facts that may or may not aid the applicant.
- An agreement to pay damages, which stipulates that the applicant will be responsible for covering the respondent’s legal fees in the event that the respondent successfully challenges the injunction.
What are the different types of injunctions?
The particulars of each case will determine the kinds of injunction orders that the court has the authority to issue. The most prevalent ones are:
Freezing orders – A freezing injunction is typically issued in connection with a financial institution’s bank account or to stop a property sale. This is done to ensure that the defendant does not dispose of or dissipate assets in a manner that might result in a final judgement being rendered that cannot be met. A freezing order would be issued not just on the defendant, but also on any banks or third parties where the defendant is known to have an identifying account or assets that are being held on the defendant’s behalf by a third party.
Search orders – A search order injunction is an order that orders the defendant to enable the solicitors representing the claimant to access the premises in order to search for, copy, and remove any documents, information, or material that may be relevant to the case. For instance, confiscating computers and other electronic equipment of a similar nature that may have included evidence. Search orders are especially helpful in situations in which you have reason to assume that the opposing party will try to get rid of important evidence.
Disclosure orders require parties to give to the applicant materials such as client lists, databases, and physical assets to ensure that the damage complained of stops and to conduct a reasonable search for documents that then need to be disclosed.
In the case of specific performance, the respondent is compelled by the injunctive order to perform in line with a contract, even though they had previously refused to do so.
Prohibitory injunction – The injunction order will make it quite apparent that any illegal behaviour must immediately halt and may under no circumstances be resumed.
Can you apply for an injunction at any time?
It’s possible that you’ll need an injunction to protect yourself against personal injury, maintain or prevent the loss of an asset, defend your reputation from being tarnished or lost, and safeguard your company interests or personal interests. Given the extreme nature of injunctions, there are exacting rules that must be followed in order to establish whether or not a party is entitled to one.
A request for an injunction might be made once the court procedures have already begun. Another option is for the court to issue an injunction prior to the beginning of the court proceedings if the subject at hand is urgent or if it would serve the interests of justice to do so.
A preliminary injunction is also referred to as an “interlocutory” or “interim” injunction when it is imposed before the trial. It is possible to stipulate that it will be operational for a predetermined amount of time. Aside from that, it will continue to be in effect until the conclusion of the trial or until the court issues a new order. During the course of the trial, the court will decide whether or not it is appropriate to impose a “final” injunction.
Who can apply for an injunction?
A court injunction order can be requested by anyone who needs to prevent the destruction or loss of an asset or safeguard themselves from personal or reputational harm. For the court to contemplate granting an injunction, there must be a substantial cause of action demonstrating that the other party has violated or is threatening to violate your equitable rights. It is also important to note that injunctions are not stand-alone remedies for cases of harassment and defamation, but rather are part of a defendant’s larger claims.
Are injunctions costly?
Before submitting a petition for injunctive relief, applicants should first examine the associated fees, as obtaining a court order can be an expensive endeavour. The costs might be different for each client depending on the specifics of their cases, as well as the level of seniority and expertise of their solicitors and any barristers they hire to represent them in court. In situations where an injunction needs to be obtained as quickly as possible, additional fees may be incurred. This is especially true if a significant amount of work needs to be conducted on your behalf in a short period of time. Additionally, because court injunctions are not obtained in a vacuum, the cost of the entire litigation process may end up being substantially larger than the cost of the injunction on its own.
How we can help
We have a proven track record of dealing with injunctions and litigation. We will guide you through the process and ensure all checks are carried out swiftly and efficiently. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
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How to contact our Commercial Litigation solicitors
It is important for you to be well informed about the issues and obstacles you are facing. Expert legal support is crucial in terms of reducing risk, saving you money and ensuring you achieve a positive outcome.
To speak to our Commercial Litigation solicitors today, simply call us on 0345 901 0445, or allow a member of the team to get back to you by filling in our online enquiry form. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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