Commercial injunction solicitors
Court injunctions are a powerful tool in litigation. A court injunction order can force, prevent, or halt actions. Therefore, the courts have adopted a strict test. If the criterion is not met, then the application may fail.
Based on past experience we apply judgement to explain what is achievable. If your chances of success are slim it is better to find out sooner rather than later.
Please get in touch for an initial review on prospects of success. We do provide fee estimates for each stage.
Applying for an injunction
We are a specialist litigation and dispute resolution legal firm acting for those either seeking court injunctions or defending them.
- We have many years of experience in both litigation in court and importantly in out of court settlements.
- We are specialists for employment litigation and in particular the enforcement of restrictive covenants after employment has terminated and trade secrets.
- We also handle cases where shareholders exploit the company assets for their own benefit. The commercial team will resolve problems following termination of a business contract.
- We are experienced in applying for freezing injunctions which are a very technical and demanding type of injunction.
- We can assist if you need to defend an injunction application or apply to set aside an injunction order.
- Our team is able to react quickly and meet you at our London offices at short notice.
To help you understand the background to a court injunction we have set out some pointers below.
How to obtain or defend a court injunction
Basic rules to applying for or defending an injunction order
To apply for an injunction or to defend an injunction, the court will want to see clear evidence upon which you rely. Suspicion is insufficient. If you have enough evidence to get an injunction the order to force further disclosure of evidence or prohibit destruction.
Demanding an undertaking before applying
A defendant can offer an undertaking. An undertaking is an alternative to an injunction. An undertaking means the offending party “promises” the applicant and the court either:
- Not to continue to breach a contract restriction or other unlawful activity; or
- Return any items unlawfully taken and cease the activity which would be the subject of the application.
As with injunction applications, an undertaking in writing can either require that the recipient immediately ceases specified activities or he/she/they are required to do something.
Obtaining an injunction
To obtain an injunction you will need to show loss, or the potential for immediate loss, i.e. the threat of loss is imminent. For example, loss can be the diversion of revenue to a competitor. Damage to reputation can be a loss.
Discretion of the court to grant an injunction
There is no automatic right to an injunction order. Instead injunctions are issued at the discretion of the court. In exercising its discretion to grant an injunction, the court will look at a number of factors, such as:
- Is there a serious issue in dispute? For example loss of business.
- Could the claimant be compensated with damages? If yes, then the court will consider if the injunction is necessary and may refuse to grant an injunction.
- If the injunction is granted, will the defendant be unreasonably restricted? If yes, then the application for any injunction may fail.
The court adopts a balancing exercise.
To give the defendant notice of application or not?
Injunctions can be made on an “ex parte” basis. The benefit of this being that the court will hear the application immediately, often on the same day. The defendant is not given notice. If the court grants an injunction the defendant will have to apply to have it set aside if he disagrees with the restriction on activities.
Full and frank disclosure
Injunction applications made without notice to the defendant require full and frank disclosure of all relevant documents. This includes documents that could be damaging to your case.
Defending an injunction
The defence will depend upon the precise claim. But we explain some of the more commonly used defences. When acting for defendants, the trick is to use practical arguments to persuade the court to refuse the injunction.
Defending ex-parte injunctions
If no notice was given to the defendant of the injunction application and the application was successful then the defendant will have to apply to have the injunction set aside. The court will fix the date at the ex parte hearing.
We handle applications to set aside injunctions. If set aside, then the claimant will be required to satisfy its duty to compensate the defendant for loss during the period in which the injunction was in force.
In understanding that applying for or defending an injunction application is high risk and high cost, you’ll want to ensure you have experienced and savvy solicitors on your side who are specialists in injunctions. We meet all these criteria so please do get in touch.