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. Farleys Solicitors have a dedicated team of commercial dispute solicitors who have 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.