Injunction solicitors: Our panel of experts

What is an injunction?

An injunction is a court order that requires a person or entity to refrain from taking certain actions or to perform specific actions.

Injunctive relief is a form of equitable remedy that aims to prevent harm, maintain the status quo, or enforce legal rights.

Injunctions are often used in cases where monetary compensation would not be sufficient to address the harm caused.

Types of injunction

There are several types of injunction orders in England and Wales, including:

Prohibitory Injunction:

This type of injunction prohibits a person or entity from engaging in certain activities or behaviours. For example, it could prevent a company from using a trademark that belongs to another company.

Mandatory Injunction:

A mandatory injunction order requires a party to take specific actions. For instance, it might compel a landlord to carry out repairs on a property they own.

Interlocutory (or Interim) Injunction:

These injunctions are temporary orders granted by the court while a legal dispute is ongoing. They maintain the status quo until the court can make a final decision. Interim injunctions are typically sought when immediate action is needed to prevent irreparable harm.

Perpetual Injunction:

This type of injunction is issued after a full trial on the merits of a case. It remains in force indefinitely unless the court decides to vary or discharge it.

Freezing Injunction:

Also known as a Mareva injunction, a freezing injunction or Freezing Order prevents a party from disposing of or dealing with their assets in a way that could frustrate the enforcement of a judgment.

This is often used to prevent a party from hiding assets to avoid paying a debt. In effect, this type of order freezes the party’s bank accounts or assets.

Search Order (Anton Piller Order):

This type of injunction allows the claimant to search the defendant’s premises to secure evidence and prevent the destruction of relevant documents or items. It’s a drastic measure and is usually granted in cases of potential intellectual property theft or fraud.

How to obtain an injunction

To obtain an injunction, the party seeking the injunction (the claimant) needs to make an application for injunctive relief to the court.

They must satisfy the court that they have a good arguable case that damages would not be an adequate remedy, and that the balance of convenience favours granting the injunction.

The court will consider factors such as the potential harm caused, the strength of the claimant’s case, and the overall fairness of granting the injunction.

Contesting an injunction

The recipient of an injunction can defend against the same. To do so, it is crucial to act promptly and seek legal advice.

They should begin by carefully reviewing the terms and grounds of the injunction. They can can file a response to contest the injunction, presenting evidence and arguments that challenge its necessity or validity.

Additionally, a they may apply to have the injunction varied or discharged, particularly if circumstances have changed or if the injunction was granted without full disclosure of relevant facts.

The role of injunction solicitors

Injunction solicitors play a crucial role in assisting clients in legal proceedings related to seeking, defending against, and navigating injunctions in the legal system. They provide a range of legal services, ensuring cases are managed efficiently, keeping legal costs to a minimum. Listed below is an outline of some of the key roles and responsibilities of an injunction solicitor:

Legal advice:

An injunction solicitor provides legal advice to clients regarding their rights, potential legal remedies, and the feasibility of obtaining or opposing an injunction. They assess the merits of the case, the evidence available, and the potential outcomes.

Case evaluation:

The solicitor evaluates the client’s situation to determine whether an injunction is a suitable remedy. They assess whether the client has a strong case, whether monetary compensation would be insufficient, and whether an injunction is the appropriate course of action.

Negotiations:

In some cases, an injunction solicitor may engage in negotiations with the opposing party or their legal representatives to reach a settlement or agreement without the need for a full court trial. This can help resolve the matter more quickly and cost-effectively.

Alternative dispute resolution:

In some cases, an injunction solicitor may explore alternative dispute resolution methods, such as mediation or arbitration, as a way to resolve the matter without going to court.

Preparation and documentation:

Injunction solicitors assist in preparing the necessary legal documents and evidence required when applying for an injunction or defending one. This may involve drafting legal pleadings, affidavits, and other relevant documents.

Court representation:

If the case proceeds to court, the solicitor represents the client’s interests during hearings and proceedings. They present the client’s arguments and evidence to the court, cross-examine witnesses, and advocate for the desired outcome.

Interim relief:

In cases where immediate action is required, such as obtaining an interim injunction to prevent irreparable harm, the solicitor may work swiftly to file the necessary documents and arguments to secure the injunction on an urgent basis.

Client communication:

Solicitors maintain open and clear communication with their clients throughout the process. They keep clients informed about the progress of the case, potential outcomes, and any developments that may arise.

Compliance and enforcement:

After an injunction is granted, the solicitor ensures that their client complies with the terms of the injunction and provides guidance on how to do so. If the other party fails to comply with the injunction, the solicitor may take steps to enforce it.

Overall, an injunction solicitor’s role is to provide expert legal guidance, advocacy, and representation to clients who are involved in complex legal situations where injunctive relief is sought or contested. Their aim is to achieve the best possible outcome for their clients while navigating the intricacies of the legal system.

How our panel of injunction solicitors can assist

Expert Commercial Law have a panel of experienced dispute resolution solicitors. Our panel firms provide guidance throughout the process and can help protect their client’s rights and interests. They can also help evaluate the strength of the case and advise on the best course of action. If you need help with obtaining an injunction order, then please get in touch with us today.

Our solicitors also help with commercial claims, such as breach of contract, partnership disputes, fraud claims restrictive covenants and CCJ removal.

Please note we are not a law firm of solicitors; however, we maintain a panel of trusted and regulated legal experts. If you contact us in relation to an injunction query or a commercial law case, we will pass your case on to a panel firm in return for a fee from our panel firms. We will never charge you for passing your case to a panel firm.