Injunctions are a potent weapon in the arsenal of litigators that can be used in a diverse range of situations. They are not easily granted by the courts so a tough set of criteria need to be met but once granted can force, prevent or halt the opposing party from taking a particular action or actions.
It is possible to use injunctions in a variety of situations in both a personal or commercial capacity to prevent to loss of an asset, protecting yourself from being harmed by an individual, maintaining the reputation of yourself or your company or a variety of other situations.
It is also possible for the court to order interim injunctions. These are normally granted by a judge in advance of a pending hearing or full trial to maintain the status quo.
As injunctions have such a powerful effect on an individual or business, a strict set of rules apply that must be met before the judge will consider granting one. In addition the judge will also need to see that other alternatives such as damages would not be more suitable.
Injunctions are perceived as quite a heavy-handed approach from a public relations perspective so therefore you will need to assess whether this is the right path for you or if there is another more suitable tactic. There may be some unintended consequences on which the solicitors at Alston Asquith will be able to advise on.
With most issues requiring an injunction, time is of the essence to force, prevent or stop the intended action. We, therefore, advise that you seek our advice as soon as you become aware of the issue. We have many solicitors working in an array of different areas that can not only advise on injunctions but also the action that needs to follow.
Uses of Injunctions
- Freezing orders: This is an injunction that prevents a party from dissipating assets which may prevent debt or a judgement to be unfulfilled
- Search orders: This injunction requires the opposing party to facilitate a search of their premises for evidence such as documents or other material
- Disclosure orders: This type of injunction requires a ‘reasonable effort’ to be made to search for documents to be disclosed to the opposing party
- Defamation – preventing publication of false or defamatory material
- Privacy matters
- Nuisance and trespass
- Breach of contract or confidence
- Copyright infringement
- Enforcement of restrictive covenants – e.g. employment covenants such as non-compete clauses, restraint of trade, property covenants such as building standards
- Preventing dealings with particular customers or suppliers as the enforcement of contract
- Restraint of the sale of property
- Restraining winding-up petitions
- Requiring a party to perform a specific act
Do you require or need to prevent an injunction and you’d like to discuss with the team at Alston Asquith? We have offices in London and Hertfordshire and can arrange a call to provide some initial advice.
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