Can I Get an Injunction?

What is an Injunction?

An injunction is a court order that either requires a party to do something, or stopss them from doing something. It is a discretionary remedy granted by courts in situations where immediate legal intervention is necessary to prevent harm or preserve a state of affairs.

When Will I be Granted an Injunction?

Injunctions are not automatically granted upon request: courts assess whether it is “just and convenient” to issue such an order under section 37 of the Senior Courts Act 1981.

Factors considered by the court when it is undertaking that assessment typically include:

1. whether there is a serious issue to be tried – courts will not grant injunctions for trivial matters. The applicant must demonstrate a substantial legal dispute. This is not normally a difficult criterion to satisfy;

2. whether of damages would be adequate, instead – if financial compensation would adequately resolve the dispute, an injunction is unlikely to be granted;

3. where does the “balance of convenience” lie – courts weigh the harm suffered by both parties. I f granting the injunction causes more harm than it prevents, it may be denied;

4. whether the status quo should be preserved – where there is uncertainty, courts may issue an injunction to ensure that the existing situation (the status quo) is maintained until a full trial of the issue is possible; and

5. whether the applicant has '“clear hands” – the applicant must have acted fairly and without bad conduct in order to be able to ask the court for an injunction.

How do I Apply for an Injunction?

Injunctions can be sought either with notice (where the other party is informed and given a chance to respond) or without notice (where things are so urgent that there is no time to notify the other party and to wait for them to respond, or where notifying them will tip them off and allow them to pre-emptively avoid the consequences of any injunction that might be granted).

The application process generally involves:

1. filing an application – the applicant submits a claim form and supporting evidence to the court, often including witness statements and legal submissions;

2. providing an undertaking in damages – in most cases, applicants must promise to compensate the respondent for losses suffered if the injunction is later found to have been wrongly granted. This does not involve the applicant paying any money to the court: it is simply an enforceable promise that they will pay if later required;

3. court hearing – a Judge assesses the merits and urgency of the case before deciding whether to grant an injunction;

4. issuing and serving the order – if granted, the order must be served on the respondent, who must comply or face enforcement action.

What are the Alternatives to Injunctions?

Where an injunction is unavailable or inappropriate, courts may consider other relief, such as:

• “Norwich Pharmacal” order – this order compels a third party involved in alleged wrongdoing to disclose information that will assist the resolution of the dispute between the primary parites;

• specific performance – this order forces a party to fulfill contractual obligations;

• declarations – a declaration provides a legal determination of rights, but without adding any element of forced enforcement of those rights. For example, a court might declare the meaning of a contract term, without going on to order one of the parties to do something based on that contract term;

• damages in lieu of an injunction – financial compensation will be ordered instead of injunctive relief wherever it would be appropriate.

  Conclusion

  For individuals or businesses considering (or facing) an injunction, obtaining expert legal advice is essential to navigate the application process effectively and ensure compliance with legal requirements. Contact Hamshaw today.

  For more insights on dispute resolution, click here.