Your Guide to Injunctions and Emergency Remedies
An injunction is an equitable remedy in the form of a court order that compels a party to do or refrain from specific acts. A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court. Counter injunctions are injunctions that stop or reverse the enforcement of another injunction.
The injunction is an equitable remedy, that is, a remedy that originated in the English courts of equity. Like other equitable remedies, it has traditionally been given when a wrong cannot be effectively remedied by an award of money damages. (The doctrine that reflects this is the requirement that an injunction can be given only when there is "no adequate remedy at law.") Injunctions are intended to make whole again someone whose rights have been violated. Nevertheless, when deciding whether to grant an injunction, courts also take into account the interests of non-parties (that is, the public interest).
When deciding whether to give an injunction, and deciding what its scope should be, courts give special attention to questions of fairness and good faith. One manifestation of this is that injunctions are subject to equitable defenses, such as laches and unclean hands.
Injunctions are given in many different kinds of cases. They can prohibit future violations of the law, such as trespass to real property, infringement of a patent, or the violation of a constitutional right (e.g., the free exercise of religion). Or they can require the defendant to repair past violations of the law.
An injunction can require someone to do something, like clean up an oil spill or remove a spite fence. Or it can prohibit someone from doing something, like using an illegally obtained trade secret. An injunction that requires conduct is called a "mandatory injunction." An injunction that prohibits conduct is called a "prohibitory injunction." Many injunctions are both—that is, they have both mandatory and prohibitory components, because they require some conduct and forbid other conduct.
When an injunction is given, it can be enforced with equitable enforcement mechanisms such as contempt. It can also be modified or dissolved (upon a proper motion to the court) if circumstances change in the future. These features of the injunction allow a court granting one to manage the behavior of the parties. That is the most important distinction between the injunction and another non-monetary remedy in American law, the declaratory judgment. Another way these two remedies are distinguished is that the declaratory judgment is sometimes available at an earlier point in a dispute than the injunction.
Sometimes in our Lives we have disputes that cannot be resolved and parties argue or dispute. An injunction or a non molestation order may sometimes be the way forward to keep a person safe from harm but also give each other breathing space.
Domestic violence, intimidation or persecution can be very a very quick and easy route to keeping unwanted parties away; under the right circumstances we can get a high court injunction the same day.
An injunction is a court order either compelling a party to take specified steps or restraining them from certain activities. There are many commercial scenarios which may necessitate an injunction, usually involving circumstances where irreparable damage can be caused if not addressed and prevented.
Injunctions are an emergency remedy and delay in applying to the court can preclude the granting of such an application. As such, if you believe you are entitled to injunctive relief, you must contact a specialist solicitor immediately.
Types of Court Injunctions
Freezing Order: This prevents a party from dissipating or dealing with assets in a manner likely to result in a final judgement being left unsatisfied.
Search Order: This requires the Defendant to allow the Claimant to search for and seize evidence which would have most likely been disposed of on notice of legal proceedings.
Disclosure Order: This requires a party to make a reasonable search for documents which must then be disclosed.
Injunctions can also be granted to:
Prevent infringement of copyright, trademark and other intellectual property rights
Restrain the wrongful use of confidential information and trade secrets
Prevent an on-going breach of contract
Prevent breaches of restrictive covenants
Prevent dealings with particular customers or suppliers
Prevent a breach of confidence
Restrain the publication of false, defamatory information
Another type of injunction that has been in the media recently is the super-injunction – a form of injunction that not only prevents the media from reporting the details of a story but also forbids the mention of the existence of the injunction itself.
There are several distinct matters for the court’s consideration when deciding whether to grant an injunction. It is vital to seek legal advice from a professional who understands the importance of what is at stake. OTS Solicitors have a dedicated team that has a great deal of experience in making and contesting applications for injunctions, as well as setting them aside. Our solicitors will give you clear and practical advice on the law and procedures involved and will do everything in their power to achieve the best outcome for you.
We can advise you in applying for an injunction or defending an application against you. As injunctions are an emergency and discretionary remedy, this is a specialist area and the rules are complex and must be strictly followed.
An injunction is a court order banning certain acts or, occasionally, instructing a party to carry out certain acts. If you are in dispute you may need the urgent remedy that an injunction will provide to preserve the position between the parties until their respective rights can be determined at a full trial. Although injunctions are typically applied for shortly after proceedings have been commenced, in rare circumstances, an injunction can be sought before proceedings have commenced.
In some cases the only way to protect your business or rights from harm is by rapid and decisive action.
An injunction is a Court Order restraining a party from acting (or requiring them to act) in a certain way in order to prevent damage or loss. The purpose of an injunction is to preserve the status quo pending the outcome of litigation, although in practice its hard-hitting effect will often bring the dispute to a swift conclusion.
Our lawyers have exceptional experience in this complex and challenging area of law and are capable of taking fast and decisive action in the courts where necessary, including in relation to:
Injunctions restraining ongoing breaches of contract
Injunctions enforcing restrictive covenants
Injunctions protecting confidential business information
Injunctions restraining publication of defamatory material (including on the internet)
Orders for the delivery-up of goods
Orders for specific performance of contractual or other obligations
Freezing orders over assets
Search and seize orders
We also have very considerable experience of seeking and obtaining orders against potential parties to litigation and others for disclosure of documents and information before Court proceedings are commenced.
You can contact our team of Family Solicitors to discuss your best legal options and seek advice on what to do next. Please call our office on 0203 959 9123 or via the conact form on our website.