An injunction is a court order that compels a party to either do a specific act or refrain from doing a particular act. Injunctions are a form of equitable relief and are commonly sought in civil litigation to prevent harm, preserve rights, or maintain the status quo.

There are various types of injunction orders, and they can be broadly categorised into two main types:

• Mandatory Injunction: This type of injunction requires a party to take a specific action. For example, a court might issue a mandatory injunction to compel a landlord to carry out necessary repairs on a property.
• Prohibitory Injunction: This type of injunction prohibits a party from engaging in a particular activity. For instance, a prohibitory injunction might be sought to prevent a person or company from disclosing sensitive information or from trespassing on a property.

Injunctions can be interim or final:

• Interim Injunction: Also known as a temporary or provisional injunction, this is granted during the course of legal proceedings to maintain the status quo until a final decision is reached. Interim injunctions are often sought when there is an urgent need to prevent imminent harm.
• Final Injunction: This is a permanent injunction granted as a final remedy after a full trial or hearing on the merits of the case.

The court’s decision to grant an injunction is discretionary and is based on various factors, including the merits of the case, the balance of convenience, and the adequacy of damages as a remedy. Injunctions in England and Wales are governed by the principles of equity and are typically issued in the High Court or County Court, depending on the nature and complexity of the case.

Injunction examples

Injunctions are powerful legal tools designed to provide equitable relief and address various situations where harm or injustice may occur. Some of the main types of injunction include:

• Freezing Order (Mareva injunction): This type of injunction is often used to prevent a party from disposing of or dissipating their assets pending the resolution of a legal dispute. A freezing order aims to preserve the assets so that they will be available to satisfy a potential judgment. It is commonly employed in cases involving fraud, where there is a concern that the defendant might move or hide assets to avoid paying a judgment.
• Search Order (Anton Piller Injunction): This injunction allows the claimant to enter the defendant’s premises, with the assistance of the court and a supervising solicitor, to search for and preserve evidence. Search orders are typically granted in cases where there is a risk that the defendant might destroy or conceal relevant evidence.
• Specific Performance Injunction: This type of injunction compels a party to perform a specific obligation as outlined in a contract. For example, if one party to a contract refuses to sell a property as agreed, the court may issue a specific performance injunction to enforce the sale of land or property.
• Prohibitory Injunction (Restrictive Covenant): Restrictive covenants are often part of contracts, employment agreements, or land deeds. These covenants may include clauses that restrict a party from engaging in certain activities or competing with another party for a specified period. If a party breaches these restrictive covenants, a prohibitory injunction may be sought to prevent the continuation of the prohibited activities. Non Disclosure injunctions also fall under the category of prohibitory injunctions and are used to prevent the disclosure of confidential information.
• Injunctions in Family Law: In family law cases in England and Wales, injunctions may be sought to protect individuals from harm. For example, a Non-Molestation Order can be obtained to prevent a person from using violence, threatening violence, or intimidating a family member.

These are just a few examples, and the specific circumstances of a case will determine the type of injunction sought. Injunctions are powerful legal tools designed to provide equitable relief and address various situations where harm or injustice may occur.

Obtaining an injunction

Obtaining an injunction involves a legal process that typically follows specific steps. The procedure may vary based on the nature of the case and the court involved. We would recommend that those wishing to apply for an injunction should follow the process below:

Consult with a solicitor:

You may wish to seek legal advice from a solicitor or legal professional. An injunction solicitor can assess the merits of your case, advise you on the type of injunction that may be appropriate, and guide you through the legal process.

Identify the type of injunction:

You should determine the specific type of injunction needed for your situation, such as a freezing order, search order, or prohibitory injunction.

Draft the claim form and witness statement:

With the help of your solicitor, you should prepare the necessary legal documents, including the claim form and a witness statement. The witness statement should set out the facts of the case and the grounds for seeking the injunction.

File the claim at the appropriate court:

File the claim form at the appropriate court. The choice of court will depend on the nature and complexity of the case. High Court or County Court may be relevant depending on the circumstances. Your injunction solicitors should be able to advise on this.

Serve notice to the other party:

Serve notice of the claim on the other party involved. This includes providing them with a copy of the claim form and witness statement. Service methods may include personal service, by post, or other approved methods.

Attend the court hearing:

You may be required to attend the court hearing, where the judge will consider the evidence presented by both parties. The court may grant an interim injunction pending a full trial or a final injunction.

Provide undertakings (if required):

In some cases, the court may require the party seeking the injunction to provide undertakings, which are legally binding promises to the court. This will help to minimise the financial risks for the other parties involved.

Receive the Court Order:

If the injunction is granted, the court will issue a formal order outlining the terms of the injunction. This order must be followed by all parties involved.

Comply with the Injunction:

• Ensure strict compliance with the terms of the injunction. Failure to comply may result in legal consequences.

It is essential to note that the steps and procedures may vary depending on the specific circumstances of the case and the type of injunction sought. Legal advice from injunction solicitors is crucial to navigate the intricacies of the legal process and increase the likelihood of a successful outcome.

How can ARC Costs assist?

As well as advising and assisting on the legal costs involved with injunctions, ARC Costs can also introduce you to an experienced injunction solicitor who is equipped to take legal action in your best interests.

Our network of specialist commercial law firms are extremely knowledgeable and will provide you with the most appropriate legal advice.

In addition to introducing you to our panel of injunction solicitors, we can also assist in the recovery and negotiation of legal costs in commercial cases, whether you are the paying or receiving party.

ARC Costs are highly experienced in advising and assisting with costs issues and disputes in different areas of law. As Costs Draftsman and Costs Lawyers, we can assist you with your commercial litigation costs issues.

To find out more about how we can provide you with assistance, please get in touch with us at 012014 397302 or email one of our expert team at info@arccosts.co.uk. Alternatively, please use our free chat facility to speak to an expert directly.

We may receive payments from third party solicitors on our panel to whom we may refer your claim. We will never charge you for any referrals made to our panel of third parties.