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.

Injunctions play a critical role in dispute resolution, offering a solution when other legal remedies, such as the payment of money, are inadequate. Depending on the circumstances, an injunction may be granted on an temporary or permanent basis.

Types of Injunctions

There are several different types of injunctions, each designed to address different situations:

• Prohibitory Injunction – this prevents a party from taking a specific action. An example might be stopping a construction company from starting (or continuing) building work;

• Mandatory Injunction – this requires a party to take specific action. An example might be forcing a construction company to demolish something that’s already been built;

• Quia Timet Injunction – this injunction (pronounced “kwee-er timit”) is used to prevent anticipated wrongdoing before it occurs. An example might be an employer preventing a construction company from abandoning site;

• Springboard Injunction – this is designed to negate an unfair advantage gained through unlawful means, such as using stolen trade secrets. It is not commonly relevant to construction disputes';

• Freezing Order – this injunction revents a party from disposing of or moving assets to frustrate enforcement of a judgment against that party;

• Search Order – this allows the search and seizure of evidence to prevent its destruction or concealment. It is not commonly relevant to construction disputes;

• Orders for Delivery Up – this requires the return of documents or property unlawfully held by a party. An example might be drawings or documents being witheld by an architect which a construction company needs and is entitled to obtain.

Courts may combine different types of injunctions where necessary. For example, a freezing order may be accompanied by an order requiring the disclosure of asset locations.

Is an Injunction Temporary or Permenant?

The court may decide to issue either an interim injunction or a final injuction:

• interim injunctions – these are granted temporarily, pending trial, to preserve the parties' positions or prevent harm;

• final injunctions – these are issued after a trial, permanently resolving the dispute.

Often, a party will apply for an interim injunction first, and later seek that it is converted into a final injunction.

Conclusion

Injunctions are a crucial legal remedy, providing quicker and enforceable relief in situations where damages alone are insufficient.

Injunctions can help prevent wrongful acts, compel compliance, and safeguard assets. They are therefore an essential tool in litigation and dispute resolution.

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.

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