Injunctions
An injunction is a court order requiring one or more parties to perform or refrain from specific acts. It serves as a protective measure to safeguard individuals, organisations, or public interest. Injunctions cover a range of legal matters, including defamation, privacy, restrictive covenants, intellectual property infringement, harassment, and breaches of contract.
In urgent situations, rely on our solicitors who prioritise your case and take immediate action.
Injunctions
An injunction is a court order requiring one or more parties to perform or refrain from specific acts. It serves as a protective measure to safeguard individuals, organisations, or public interest. Injunctions cover a range of legal matters, including defamation, privacy, restrictive covenants, intellectual property infringement, harassment, and breaches of contract.
In urgent situations, rely on our solicitors who prioritise your case and take immediate action.
Legal Situations Where We Apply for Injunctions
Injunctions are applied in various legal scenarios, grouped into three main categories:
Business and Commercial Disputes
- Freezing Orders: Prevent parties from handling specific accounts until final judgment.
- Search Orders: Legal access to search premises and collect evidence.
- Employment Disputes: Prevent disclosure of business secrets or compel specific actions.
- Breach of Contract Injunctions: Stop parties from violating contractual obligations.
- Intellectual Property Protection: Prevent trademark, patent, or copyright infringement.
Personal & Civil Protection
- Domestic Violence Orders: Non-Molestation and Occupation Orders to protect victims.
- Defamation & Reputation Protection: Stop further spread of defamatory statements.
- Privacy & Harassment Injunctions: Prevent stalking, media leaks, or intrusion.
- Property & Trespass Injunctions: Prevent misuse or illegal occupation of land.
Specialized Injunctions
- Interim Injunctions: Temporary orders during ongoing trials.
- Super Injunctions: Prevent disclosure of private information.
- Anti-Suit Injunctions: Block legal actions abroad affecting UK interests.
Disclosure Orders: Require parties to provide relevant documents.
The Process of Applying for an Injunction
To apply, the claimant must prove urgency and seriousness of the issue, showing that the balance of convenience supports the injunction. Evidence must be presented to demonstrate entitlement to relief.
Normally, three “clear days” notice is given to the respondent as per Civil Procedure Rules. In urgent cases, immediate applications can be made. Violation of these rules may lead the court to dismiss the application.
The court may impose statutory obligations on the parties and violations can result in penalties, detention, or other measures. Injunctions may be granted provisionally until a final determination.
Challenging or Defending Against an Injunction
Respondents can challenge an injunction if the order is invalid. Common grounds include failure of full disclosure by the applicant, delayed applications, or inability to provide cross-undertakings in damages.
If the injunction is disproportionate or monetary compensation would suffice, the respondent may argue against it. Undertakings of equivalent effect can also be offered instead of an injunction.
Consequences of Breaching an Injunction
A penal notice attached to the court order advises that any violation constitutes contempt of court. Breaches can lead to fines, detention, or further punitive measures.
What is the Expected Cost of an Injunction?
Costs vary depending on complexity, court fees, and legal representation. Funding options include:
- Conditional Fee Agreements (CFAs): “No win, no fee” agreements where fees are only payable if the case succeeds.
- Damages-Based Agreements: Fees payable as a percentage of damages recovered.
After the Event (ATE) Insurance: Covers legal costs if the claim is unsuccessful, often used with CFAs.
Why Choose LI Solicitors?
Our solicitors have extensive experience and a strong record of securing injunctions for businesses and individuals. We provide:
- Free initial consultations
- Specialised expertise in civil litigation and urgent applications
- Transparent fixed fee structures and flexible payment options
Prioritised emergency response
Frequently Asked Questions
Duration depends on the case and type, e.g., interim freezing orders may last 1–2 weeks.
Evidence must be persuasive and directly relevant to your case.
Yes, courts may overturn if new evidence is presented, procedural errors occur, or circumstances change materially.
Typically within two weeks. Emergency applications can be faster if immediate threat exists.
Yes, respondents can challenge if the injunction was wrongly granted, incomplete, delayed, or disproportionate.