In commercial litigation and business disputes, injunctions can be an effective tool for business owners and individuals.
What is an injunction?
An injunction is an order from the Court either stopping a party from doing something or requiring them to do something. The injunction can be in force for a specified period of time, or in more severe cases, can be imposed permanently. The form and content of individual injunctions vary greatly, and its terms depend largely on the circumstances that required it.
When would an injunction be needed?
Examples of when a person may seek an injunction include where they need to preserve an asset, to prevent damage or loss (including reputational damage or damage to property) from continuing or happening in the first place, or to protect confidential information.
Injunctions are by their nature seen as an extreme measure, and the consequences of breaching them are serious – for example it might put the person who breached it in contempt of court, meaning they could suffer a criminal sanction, such as imprisonment or a fine. It is of no surprise therefore that a Judge would need to be convinced to a high standard that they should grant it, with clear and compelling evidence in support, and that simply paying the other party off would not be better.
Next steps if you are considering or facing an injunction
If you are thinking about taking out an injunction against someone, it is important you get professional advice on whether it is a suitable remedy for what you need. As mentioned, there are high risks – and therefore high costs – usually associated with them.
Likewise, if someone is threatening you with an injunction you need to be properly aware of the risks and consequences of what that might entail, and whether there is a chance you could successfully challenge it.
How can GA Solicitors help?
Our commercial litigation team can provide you with specialist legal advice concerning injunctions, including in the following areas:
- Breach of contract, including enforcement of restrictive covenants
- Protecting assets and preventing their disposal (such as in a business or property sale)
- Removal of defamatory material from publication
- Misuse of confidential information
- Protection from harassment
If you are considering an injunction, or facing one, then you need advice from an experienced team with an honest, cost-effective and results-driven approach. Call GA’s business disputes team today on 01752 203500 or email enquiries@GAsolicitors.com.
