Injunctive Relief

Our London lawyers are based minutes from the High Court and can be deployed with speed as the client’s needs and case demands. We ensure that we provide the best possible outcome for our clients by conducting in-depth investigation and research into the realistic prospects of a case before selecting the appropriate course of action in order to reduce time and expense.

During this current time of uncertainty, can an applicant still apply for an urgent injunction at the court? The answer is yes. You can still get an urgent injunction and the courts are still open for business.

We ensure that we provide the best possible outcome for our clients by conducting in-depth investigation and research into the realistic prospects of a case before selecting the appropriate course of action in order to reduce time and expense.

_{Please note that for regulatory reasons we do not offer any free advice.}

What is an injunction? 

An injunction is a Court order that will prohibit a party from taking a particular action which is called a prohibitory action; or may require them to take a particular action which is called a mandatory injunction. Usually the first step is to obtain an interim injunction which will usually be granted pending a further hearing or until a further hearing or until a full trial of the dispute. 

If a party breaches an injunction the party can be held in contempt of Court which in some circumstances may lead to imprisonment. 

What are the different types of injunction? 

The Civil Procedure Rules (CPR) have codified the court’s power to grant types of interim order in CPR 25.1(1). Such interim injunctive relief includes: 

• Freezing injunctions – restricting someone from dealing with their assets;
• Orders requiring a party to provide information about the location of property or assets, which may be sought to support a freezing injunction or as a standalone order;
• Search orders – to permit the search of a respondent’s property to preserve evidence and property; and/or
• Orders requiring delivery up of property.

Can I apply for injunctive relief?

You can apply for an interim injunction that requires a party to do, or to refrain from doing, a specific act or acts. In urgent cases, interim injunctions may be obtained without prior notice to the defendant (for example, freezing injunctions that are sought to preserve the defendant’s assets pending judgment or final order).

However, injunctions are only suitable in claims where damages are not an adequate remedy. An application for injunctive relief is not a step that should be taken lightly.

Do I need to give an undertaking in order to get an injunction?

Yes, a claimant is usually required to give an undertaking in damages (also known as a cross-undertaking) when an injunction is granted. The claimant undertakes to compensate the defendant for any loss incurred, should it later transpire that the injunction was wrongly granted. Depending on the circumstances, the damages awarded under the undertaking can be substantial.

What is a freezing order?

A freezing order or freezing injunction (formerly known as a Mareva injunction) is an order that is used by a creditor who is concerned that a company may sell their assets and fail to pay the amount due to the creditor. The order can freeze almost any asset including: a company bank account, property, land or investment and shares.

What are the consequences of a freezing injunction?

The granted freezing order will also be endorsed with a penal notice in case the respondent does not comply. If the respondent does not comply they will be in contepmt of court and therefore face a fine and/or imprisonment.

How do I get a freezing order?

The court will exercise its discretion to grant a freezing order and must only grant the order if it convenient.

The court must establish the following conditions to grant a freezing order:

• The applicant must have a strong case. The applicant must establish that its case is capable of a serious argument.
• There must be a substantive cause of action against the defendant
• The applicant must demonstrate the risk of the asset being disposed of if the order is not put into place.
• It must be ‘just and convenient’ to grant the order – it would cause unnecessary and disproportionate hardship to the defendant to grant the order.   

Are the courts open to hear an urgent injunction?

Yes. The Queen’s Bench Division, the Commercial Court, and the Interim Applications List (Chancery) all continue to hear applications for urgent injunctive relief throughout the COVID-19 pandemic. 

The way in which the hearing will be conducted will depend upon the individual Judge. Hearings for urgent injunctive relief are currently being heard by telephone or via Skype for Business. 

We have taken part in many hearings via Skype for Business. The judge’s clerk sends a skype link in advance of the hearing and you click on it to access the hearing. There is no need to purchase Skype for Business, a free Skype account can be used.

Further information updated information can be found on the websites for the daily cause lists of the Queen’s Bench Division and the Business and Property Courts (Ch) 

How much does an injunction cost? 

The cost for an injunction is dependent on the circumstances and facts in the particular case. 

The level of costs will be affected by: 

1. The urgency of the application;
2. The number of witnesses involved in the matter; and
3. Whether the matter is with or without notice. 

Specialist Injunction Solicitors in London

Our London Injunction Lawyers are proud of being able to mobilise with speed and act as tenaciously as the client’s needs and case demands. This is one of the reasons for the firm’s location adjacent to the Royal Courts of Justice in Central London. We have for example obtained an out-of-hours emergency worldwide freezing injunction for one of our clients in circumstances which required overnight preparation of affidavits and attendance upon a Judge at his private residence followed by immediate enforcement action and further attendance the next morning at the High Court.

We ensure that we provide the best possible outcome for our clients by conducting in-depth investigation and research into the realistic prospects of a case before selecting the appropriate course of action in order to reduce time and expense.