Injunctions

The injunction is a form of a court order under which one or more parties are obliged to perform or refrain from specific or numerous acts. It is a form of protective measure that aims to protect a person, some organisations or the public interest. They cover a wide range of legal issues such as defamation and privacy matters, restrictive covenants, intellectual property infringement, harassment, breach of contract, and the rest.    

In a legal emergency, rely on Sunrise Solicitors. We prioritise your case and take immediate action.

Legal Situations Where We Apply for Injunctions  

Legal professionals apply injunctions in different situations. They group them into the following main categories:  

• Business & Commercial Disputes    
• Personal & Civil Protection    
• Specialised Injunctions   

Business and Commercial Disputes  

• Freezing Orders: Freezing orders are issued by the court to make sure that the person against whom the orders are issued cannot handle their specified accounts. The purpose of this legal procedure is to keep things the way they are until the final judgment is passed.   
• Search Orders: Through this order, one party gets legal access to search the area to collect any evidence that might be significant in solving the case involving both parties.  
• Employment Disputes: In this case, the injunction law acts as a device to compel or avoid certain actions. They are used to prevent the employee from disclosing the business secrets.  
• Breach of Contract Injunctions: Used to stop one party from taking any steps which might fall under the category of contractual agreement.   
• Intellectual Property Protection:  To prevent trademark, patent or copyright infringement.  

 Personal & Civil Protection  

• Domestic Violence Orders – There are two types of domestic violence: Non-Molestation and Occupation Order. A victim of molestation obtains a non-molestation order from the family court to protect themselves. On the other hand, the occupation order is there to make sure that the victim has somewhere safe place to stay where the abuser is not present.   
• Defamation & Reputation Protection – A defamation injunction prevents the further spread of any defamatory statement to protect the concerned party’s reputation from any more harm.  
• Privacy & Harassment Injunctions – To protect from harassment by preventing any media leaks, intrusion or stalking.  
• Property & Trespass Injunctions – To prevent misuse of land or illegal occupation 

Specialized Injunctions  

• Interim Injunctions – It is a temporary injunction which stays in force while a trial is ongoing   
• Super Injunctions – An injunction for the prevention of any private data from being disclosed.  
• Anti-Suit Injunctions – To prevent legal actions in foreign jurisdictions which may hurt UK-based interests.  
• Disclosure Orders – Requires a party to provide important, relevant documents in a legal dispute. 

The Process of Applying for an Injunction

To initiate the process of injunction, a person must apply to the court and prove the urgency and gravity of the issue that is up for the trial. They must demonstrate that there is a serious issue to be addressed and that the balance of convenience supports granting the injunction. The applicant/claimant must present the evidence to support their case. To show the court they deserve the relief they are asking for.

Normally, you must give three “clear days” notice to the respondent as per the “Civil Procedures Rules so that they can prepare for the defence. However, if there is an urgent case, you can seek an injunction on an immediate basis without “notice.” The court may dismiss the urgent injunction if it does not see real urgency in the case.

Besides legal grounds and solid evidence, the court must consider other aspects as well as ensure compliance with the following prerequisites. After the court issues injunction orders, it imposes statutory obligations on the parties involved in the case. 

The injunction is upheld with utmost seriousness, and its violation leads to strict legal consequences, e.g. monetary penalties, detention, or further punitive measures for contempt of court. Under specific conditions, the court may award injunctive relief on a provisional basis, offering temporary remedies until a final determination is made. 

Challenging or Defending Against an Injunction 

To challenge an injunction, the respondent needs to establish the fact that the injunction order is invalid, and for that purpose, they need to present strong legal evidence. The grounds upon which the challenge will be based on the nature of the case. However, some of the most common reasons include the applicant’s failure to disclose all the information in a full and frank disclosure manner, delay in presenting the application, or inability the cross-undertaking in damages.  

If the injunction is too broad for the alleged harm, the respondent can challenge it. They can also argue against it if money would fairly compensate the applicant. In such cases, they may claim the injunction is disproportionate and not needed.

Undertakings in Place of an Injunction 

Another way to avoid an injunction is to offer an undertaking. The respondent can offer undertakings of equivalent effect to the order sought. The applicant should consider if it is advisable to request such undertakings by way of correspondence prior to making a court application. 

Consequences of Breaching an Injunction 

A penal notice is attached at the start of a court order. The notice advises that any violation of the court order by the respondent or any third party who knows about it is contempt of court. Contempt of court damages may include detention, hence the need to stick to any penal notice or injunction. 

What is the Expected Cost of an Injunction? 

The fee to apply for an injunction order in the UK can vary. It comes down to multiple factors, e.g. the complexity of the case, the court fees and the legal representation fee.   As there are different variables involved, the cost of getting an injunction order can escalate. For the ease of applicants there are a few funding options available from which they choose as per their circumstances.   

• Conditional Fee Agreements (CFAs): According to this agreement, the applicant is obliged to pay the legal fee only after winning the case. If they lose, they won’t have to pay the legal fee. This agreement is commonly known as a “no win, no fee agreement.”  
• Damages-Based Agreement: The applicant gets in an agreement with their injunction solicitor to pay the fee only if they recover damages/financial settlements. The fee is usually a certain percentage of the amount secured.   
• After the Event Insurance (ATE): If there is uncertainty about the case outcome and you might lose a hefty amount, you can go for ATE insurance. This is the kind of insurance that covers all the legal outlays if the case is unsuccessful. However, ATE insurance mostly applies with conditional fee agreements.     

Why Choose Sunrise Solicitors? 

Sunrise Solicitors stands as a leading choice for those seeking expert injunction solicitors. The firm has established a strong track record of successfully securing injunctions for both businesses and individuals. Additionally, they offer free of cost consultations. Their team of skilled injunction solicitors brings specialised expertise in civil litigation and urgent applications. After first free consultation, you can also book an appointment for a detailed session. Our solicitors respond to emergencies by placing clients’ needs first. Clients can expect a transparent fixed fee structure with flexible payment options. 

Frequently Asked Questions

Folloing are some of the frequently asked questions.

How long does an injunction last?  

The duration of an injunction depends upon the purpose and type of the case. For example, freezing bank accounts or assets orders are usually issued on an interim basis which mostly last for one to two weeks.  

What evidence do I need for an injunction?  

It depends entirely on the nature of your case. You must ensure one thing that the evidence provided is persuasive and is addressing the issues pertinent to your case.   

Is it possible to overturn an Injuction?

UK courts overturn injunctions when parties present new evidence, establish procedural impropriety, or demonstrate a change in material circumstances.

How quickly can I get an injunction?  

In the UK you can get an this order within a period of two weeks.  If there is a threat or danger to your or your family, you can also apply for an emergency order. This will typically last until a court hearing. 

Will the other party know about my injunction application? 

Yes. The respondent can challenge the injunction by proving it was wrongly granted. Such as due to incomplete information, delays, or if it is disproportionate.