Injunctions

In business, you often have to rely on another party doing something or not doing something. Where the other party fails to do what they are supposed to do or not do, you may have to consider issuing injunction proceedings against them. An injunction is a Court order which orders a company or person to stop doing a particular act (a “prohibitory injunction”) or compel them to do something (a “mandatory injunction”).

An application for an injunction can be made before or after Court proceedings have begun but will generally only be granted before the start of proceedings if the matter is urgent. For example, if there is a risk that funds will be dissipated or evidence will be destroyed, then the Court would consider granting an injunction.

 

The Process

If you apply for an injunction you must have a valid underlying claim. You must be able to show that you have legal rights which have been or are likely to be undermined by another party.

By its nature, injunction proceedings are urgent and dealt with swiftly by the Court. It is important that you issue an injunction application as quickly as possible, as a delay may weaken it. Once an injunction has been granted, the party to whom is applies must comply with it. If they do not, there are very serious sanctions, including the possibly of imprisonment.

Our Litigation Team would be happy to speak with you and advise whether it would be appropriate to apply for an injunction and the potential costs of doing so.