An injunction is a court order that either prohibits a party from doing a specified act (also known as a prohibitory injunction) or requires them to perform a specified act (also known as a mandatory injunction).
The remedy of an injunction is discretionary and may be granted on an interim or final basis. Usually, a temporary injunction will be granted (also known as an interim injunction), which will remain pending until there is a further hearing, a trial to decide any outstanding issues or the dispute is resolved by the parties.
Under section 37 of the Senior Courts Act, the High Court may grant an injunction in all cases in which it appears to the court to be just and convenient to do so. When applying for an injunction, you must demonstrate to the court that the injunction is absolutely necessary because its terms might limit an individual’s freedom to do a particular act. An injunction may be necessary to preserve or prevent reputational harm, either personally or to a company, protect against harassment, or to protect business interests. This is not an exhaustive list, and in general, an injunction is more likely to be granted in circumstances where the potential harm could not be compensated by a payment in damages.
In most cases, the application is made with notice, which means that the other party is informed that an injunction application is being filed at court. However, if the matter is urgent and is causing considerable harm either to a company or an individual, an urgent injunction application can be issued without giving notice to the respondent. Whether an urgent injunction is necessary will depend on the facts of the case, but it will be exceptionally important to demonstrate to the court that such an injunction is necessary and should be served without notice due to time restraints.
When issuing an application for an injunction, whether it is with or without notice, supporting evidence will be necessary to demonstrate that there is a need for an injunction and an underlying claim. This evidence will usually be a witness statement with supporting documents. The application notice must also state why you are seeking such an order and the date, time, and place of the hearing.
Generally, before granting an interim injunction, the court will require the applicant to give the other party an undertaking stating that the applicant will compensate the other party for any harm caused by the injunction, if at a later date, the court decides that the injunction should be discharged, or it refuses to grant the same.
Injunctions are a complex area. It is impossible to discuss all the relevant factors relating to all circumstances in which an injunction might be granted. If you would like further information and advice, please get in touch.
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