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Injunctions

If you need to preserve or prevent the loss of an asset, protect against personal harm, prevent loss or damage to reputation and safeguard business or personal interests, it may be necessary to apply for an injunction.

An injunction is a court order requiring a party to do (mandatory injunction) or desist from doing (prohibitory injunction) a particular act. An interim injunction is a temporary order, which is usually granted pending a further order or until the underlying dispute between the parties has been disposed of at trial.

 

Before granting an injunction, the court must be satisfied that a number of criteria have been fulfilled depending on the type of injunction that is being sought. Those criteria include:

  1. That there is a serious issue to be tried

  2. That damages would not be an adequate remedy

  3. That the balance of convenience weighs in favour of granting the injunction (least risk of injustice).

  4. Any special factors relating to specific types of injunction (such as restraint of trade) have been properly considered

 

Further, in urgent cases it is possible to apply for an interim injunction without notifying the party in question. In those exceptional circumstances the court will want to be satisfied that there are indeed grounds for making the application without notice and there is a duty on the applicant to make full and frank disclosure to the court.

 

We advise on the risks and consequences inherent to injunctive relief. Our lawyers have a broad range of expertise in these types of applications.  If you need to apply for an injunction,  or have been served with one and need to respond to it, we can assist.

We apply for and respond to injunctions in the following in a number of situations including:

  • Freezing orders e.g. freezing bank accounts or assets

  • Protection from harassment

  • Preventing nuisance and trespass

  • Preventing breach of contract or confidence

  • Preventing copyright infringement

  • Enforcing restrictive covenants, including restraint of trade and non-compete clauses

  • Restraining sale of land or property

  • Restraining winding up petitions

  • Search and delivery up orders

  • Specific performance

For urgent advice call: 07977493410 or 0207 199 3611

Montpelier Solicitors Limited

138 - 140 Southwark Street, London SE1 0SW, United Kingdom

T: +44 (0)207 1993610 | F: +44 (0)870 4416264 | E: info@montpelier-solicitors.com

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