If you own or occupy a property and someone else’s actions (or inactions) are causing you trouble, an injunction is your most powerful legal tool. It is a court order that requires someone to do something they are lawfully required to do (such as a landlord repairing a building) or prohibits someone from doing something they shouldn’t (such as blocking your light). If they violate the injunction, they are subject to imprisonment. In this article, Injunction Order On Property, we consider the process and mechanism involved.
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Is it difficult to apply for an injunction?
Your prospects of obtaining an injunction depend on the specific circumstances.
Until recently, an injunction was the most probable remedy for a claim alleging a breach of property rights, such as a loss of light caused by a neighbouring development. In only exceptional circumstances were damages awarded instead.
As a result of the recent case of Coventry v. Lawrence, the situation is no longer black and white, and you may be more likely to receive compensation/damages.
When damages are awarded in lieu of an injunction, there are a number of methods for determining the amount owed, and the court has broad discretion in this regard. For instance, the court may award compensatory damages based on the decrease in your property’s value. Alternately, you may be compensated for being unable to effectively exercise your rights.
When can you apply for an injunction?
An injunction may be required to preserve or prevent the loss of an asset, to protect against personal injury, to prevent the loss or tarnishing of reputation, and to protect business or personal interests. There are stringent principles in place to determine whether a party is entitled to an injunction given their extreme nature.
Once court proceedings have commenced, a request for an injunction can be submitted. Alternately, the court may grant an injunction prior to the commencement of court proceedings if the matter is imperative or if it is in the best interests of justice to do so.
An injunction issued prior to the trial is known as an “interlocutory” or “interim” injunction. It can be stated to be in effect for a specific period of time. Aside from that, it remains in effect until the trial or until the court issues a further order. The court will determine whether or not to issue a “final” injunction during the trial.
How long does it take to obtain an injunction?
If the situation warrants an urgent application, an injunction can be obtained within 24 hours; otherwise, it can be obtained within a couple of weeks, contingent on a variety of factors such as the complexity of the claim.
What are the different types of injunctions that relate to property?
Freezing orders
You can petition the court to stop your opponent from disposing of property. This is known as a freezing injunction.
An application for the injunction is filed with the High Court. (In family cases, an application may be filed with the County Court, but the court may transfer the case to the High Court.)
You may request that the court issue an emergency order prohibiting your opponent from transferring, disposing of, or transferring the property to someone else and requiring them to disclose where they have disposed of any money or property.
However, you must give the court an undertaking that you will pay your opponent’s costs if you lose your case or if there was no valid reason for requesting the injunction.
You can send copies of the injunction to your opponent’s bank or building society to prevent them from disposing of the property or funds. However, your opponent will be permitted to withdraw funds for daily expenses.
Search orders
You may be able to obtain an injunction allowing you to enter your opponent’s residence or place of business to search for and remove potentially relevant evidence. You make an application to the High Court in secret, without your opponent’s knowledge. These orders are difficult to obtain and will only be granted in extremely important cases where there is proof that crucial evidence will be discovered at the residence or place of business of the defendant. Once the order has been obtained, it must be personally served on the opponent.
The order doesn’t allow you to force entry into your opponent’s residence or place of business. If your opponent refuses to let you in, you must return to court and request that they be committed to imprisonment.
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.
How much do injunctions cost?
Obtaining a court injunction can be a costly task, so applicants seeking injunctive relief should consider the associated fees before filing a petition. The fees may vary based on the complexities of your specific case, as well as the seniority and experience of your solicitor and any barrister retained to represent you in court. In cases where an injunction is sought urgently, additional fees may be incurred, particularly if a substantial quantity of work must be completed quickly on your behalf. In addition, because court injunctions are not obtained in isolation, the cost of the entire litigation procedure may be significantly higher than the cost of the injunction alone.
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.
Please click here to find out more about our Commercial Litigation services.
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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