A claimant who has filed a lawsuit may seek an injunction to prevent the defendant from taking certain actions and to safeguard assets or business interests. These court orders are known as injunctive relief and may accompany a claimant’s request for monetary damages.
A claimant may seek what is known as temporary or interim injunctive relief if the circumstances of the case are particularly pressing. In this case, the court orders the defendant to cease specific conduct or take particular actions pending the outcome of the proceedings to determine if a final injunctive order should be granted.
As opposed to monetary remedies, injunctive remedies are ultimately grounded in equity. The court will grant or deny based on the principle of impartiality, and the claimant’s conduct may influence the court’s decision. In this article, Injunctive Relief UK, we consider the process and mechanism involved.
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What are the different types of injunctive relief?
The Civil Procedure Rules (CPR) specify the court’s authority to issue interim orders. This provisional injunctive relief includes:
- Freezing injunctions – prohibiting the use of a party’s assets
- Orders requiring a party to disclose the location of property or assets, which may be sought to support a freezing injunction or independently
- Search orders – to allow the search of a respondent’s property for the preservation of evidence and property
- Orders requiring the delivery of property
What are the reasons a court may grant injunctive relief?
A claimant may seek injunctive relief when the conduct of a defendant causes actual or prospective harm to the claimant’s property, reputation, or business interests. Before a court will grant injunctive relief, the claimant must fulfil several requirements.
The complainant has an actionable claim against the defendant, which must be supported by facts and evidence when injunctive relief is sought. Considerations include:
- The claimant’s position is plausible and arguable
- There is a risk that the claimant’s assets or business interests will be harmed
- It would be fair and practical to issue the injunction
- The claimant has “clean hands” and there are no equitable impediments to their claim, such as unreasonable conduct or delay
- Damages would not constitute a more suitable remedy
What could be the consequences of seeking injunctive relief?
Injunctive measures will likely incur significant costs, and they must be pursued swiftly lest they lose their efficacy.
If a claim for injunctive relief is deemed unnecessary at the conclusion of the proceedings, the defendant may seek compensation for losses sustained during the asset freeze from the claimant. To support grounds for granting injunctive relief, a claimant must provide “full and frank” disclosure of evidence.
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.
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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