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If you need to safeguard business interests, prevent damage to your reputation or preserve or prevent the loss of an asset, you may need to apply for an injunction. The commercial litigation solicitors at JMW can help you to determine whether this course of action is your best or only option.
Our team has years of experience in settling disputes between businesses, including making and enforcing injunctions. We provide advice to clients on the risks and consequences involved with making injunctions and ensure we are there for them every step of the way.
If you need help and advice with making an injunction to protect you and your business’s interests, contact JMW today. You can get in touch by calling 0345 872 6666. You can also complete our online enquiry form to request a call back from a member of our team at a convenient time.
How JMW Can Help
Our specialist team of experienced legal experts will advise you on whether an injunction is a suitable option, and whether it is the right move from a commercial perspective. We offer guidance on the risks and consequences involved with this type of case, and we will support you regarding any reputational issues.
We have a specialist team of dispute resolution solicitors who have many years of expertise in this field and have experience applying for and obtaining injunctions in the following areas:
- Judicial review
- Declaratory relief
- Breach of contract prevention
- Copyright, trademark and other intellectual property infringement
- Defamation and privacy
- Freezing bank accounts or assets
- Harassment protection
- Land or property sales
- Nuisance and trespassing prevention
- Restrictive covenants breaches
- Winding up petitions
- Wrongful use of confidential information
What is an Injunction?
An injunction is a court order that prohibits a party from carrying out a certain act, or requires them to do something. An interim injunction is a temporary injunction that is usually granted ahead of a hearing or full trial.
What are the Different Types of Commercial Injunction?
There are a number of types of injunctions that the court could order, which commonly include:
- Freezing order: prevents anyone from controlling assets in a way that could damage your business
- Search order: allows the search and seizing of evidence, which would have otherwise been disposed of
- Disclosure order: allows for the search of documents, which must then be disclosed
- Delivery Up order: allows for certain property to be delivered up by a third party
When Can a Business Apply for an Injunction?
An injunction may be required to preserve or prevent the loss of an asset, prevent loss or damage to a business’s reputation, or safeguard interests. There are strict rules in place to determine whether a company will be permitted to acquire an injunction.
An application for an injunction can be made when court proceedings have commenced, or the court can grant an injunction before the start of court proceedings if the matter is urgent.
Usually, an injunction made before a case goes to trial is known as an interim injunction and can remain in force for a particular period of time. Otherwise, it will remain in force until the case comes to trial, or until the court makes any further orders.
Am I Entitled to an Injunction?
There are three general principles that must be established before a court will consider granting an injunction:
- There is a suitable cause of action whereby the other party is either threatening to invade or has invaded your rights.
- The court believes that it would be justified in granting the injunction, for instance, if there is no unreasonable delay or behaviour on the part of the applicant
- Damages would not provide an adequate resolution in redress of the dispute
Talk to Us
If you need to apply for an injunction, it is vital that you seek expert legal advice before proceeding in order to be sure this is the most effective action to take. Contact our solicitors today by calling 0345 872 6666 or by filling out our online enquiry form and letting us know a suitable time to get back to you.
Partner and Head of Department
Commercial Litigation/Corporate Recovery and Insolvency