Gardner Leader

Injunctions

An injunction can be given by a court at short notice requiring a party to do, or refrain from doing, some act either before proceedings are commenced or during the litigation. Most common circumstances may involve :-

• Interference with land
• Disposal of financial assets
• Dissemination of confidential information

Timing is very important. In order to obtain an injunction the court will need to be satisfied that the circumstances dictate the necessary level of urgency to warrant such an invasive Court Order.

As a general rule, an injunction will not be granted if a suitable alternative remedy will suffice e.g. damages. Further, the party applying for the injunction will be required to undertake to compensate the other party for the losses it may suffer should it transpire that the injunction should not have been granted.

The court may also require the applicant to put up security as a condition of making the order.

Emergency relief is understandably expensive both in terms of management time and legal costs. However, the ability to preserve evidence or assets pre-trial is an essential and invaluable tool for any claimant.

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