As a business owner, you should be aware of injunctions and how your company can use them in a dispute. Your business creates and stores a large amount of information and documentation. Some of these materials include confidential information and intellectual property (IP) and are very valuable. Because of the importance of allowing companies to protect their sensitive information, our courts allow businesses to use injunctions in certain circumstances. Alternatively, you may require an injunction to prevent another party from moving assets out of the UK. <\/p>\n\n\n\n
This article will explore the various situations in which your business could benefit from obtaining an injunction, so your company can act to protect its commercial interests. <\/p>\n\n\n\n
An injunction<\/a> is a type of court order that either: <\/p>\n\n\n\n The first example is a prohibitory injunction<\/strong>, which prohibits an individual or business from doing something. These are common when a party wants to do something in breach of contract. For example, preventing a former employee from leaking trade secrets to the media.<\/p>\n\n\n\n The second example is a mandatory injunction<\/strong>, which imposes a mandatory action upon the individual or company. So, for example, it may compel a former employee to delete all digitally-stored company information from their personal devices and shred all physical copies.<\/p>\n\n\n\n Let us explore situations in which your organisation may seek an injunction below.<\/p>\n\n\n\n As above, these aim to stop another party from doing something. A common injunction is a freezing injunction that you may utilise to prevent a party from moving funds outside the UK when it has an ongoing debt to your company. This can freeze various assets and prevent their movement including bank accounts, company vehicles and machinery and valuable pieces of company property.<\/p>\n<\/div>\n\n\n\n Additionally, many companies seek privacy injunctions to stop another party from disclosing trade secrets to a third party or the media. A trade secret is information unique to your company that could cause serious harm if leaked. For example, a bespoke recipe for a trademark food dish.<\/p>\n\n\n\n Prohibitory injunctions can be challenging to obtain as they significantly affect the other party.\u00a0 Whether that impact is a freezing order<\/a> on bank accounts or preventing payment from a publisher or media outlet, a judge will usually require persuasion that the other party\u2019s planned actions are unlawful and very serious.<\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n\n
Prohibitory Injunctions<\/h2>\n\n\n\n