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If your rights are under threat, you may wish to seek an injunction.
An injunction is a civil court order that can prevent breaches of your privacy and data protection rights, damage to the reputation of you and/or your business, or the intimidating or distressing conduct of other individuals.
Injunctions work by either preventing a party from carrying out certain acts (for example, preventing them from publishing private, confidential or defamatory information or personal data), or by requiring them to do something (for example, removing online content).
Before seeking an injunction, it is sensible to first obtain expert legal advice from experienced solicitors. Our team at JMW can help you determine whether seeking an injunction is the most appropriate option for you, or whether there are other options that might better suit your circumstances or objectives.
How JMW Can Help
Our media law team is able to advise on and act in relation to injunctions in the areas of privacy, harassment and data protection law, amongst other areas. We work with leading barristers in this field, and the team has considerable experience of acting for high profile individuals and well-known brands in relation to obtaining and enforcing injunctions. We also represent defendants facing injunction applications.
By their very nature, legal cases involving injunctions are often extremely time sensitive, requiring court papers to be prepared within a short space of time. We are able to work on an urgent basis to provide the most timely and efficient service to our clients.
At every stage throughout the process, we will advise you regarding the potential risks and ensure you are kept up to date with the costs involved.
How is an Injunction Obtained?
Before seeking an injunction, a party will usually write to the other side and request an agreement that they will take certain steps. This might include stopping certain behaviour or taking particular steps, for example, taking material down from the internet.
If an agreement cannot be reached and an injunction becomes necessary, there are two main stages in the court process: obtaining an “interim” injunction and then seeking a permanent injunction:
- An interim injunction is a temporary injunction that is usually granted ahead of a hearing or full trial.
- A permanent injunction can be granted if the claim ultimately succeeds at a final hearing.
What Happens if the Injunction Is Not Complied With?
If an injunction is not complied with, this can result in the wrongdoer being held in “contempt of court” and being imprisoned, fined or having their assets seized.
What is the Cost of Seeking an Injunction?
It is important to bear in mind that strict legal criteria must be satisfied before the Court will grant an injunction and, if legal proceedings are ultimately required, they are usually costly to pursue.
It is not unusual for a payment on account of legal costs in excess of £10,000 to be required immediately. However, the overall cost will depend on a number of different factors and the facts of the case, which we can discuss with you at the outset.
Even if an interim injunction is successfully obtained at an early stage in the case, the final hearing can be held many months later. You will need to be prepared to continue to pay your legal fees to a final hearing.
Please note that we are unable to act on the basis of a conditional fee agreement (“no win no fee” agreement) in relation to injunction applications.