​​What is an Injunction in England and Wales?

If your business is in a dispute, you may find that you have to deal with an injunction. An injunction may be granted for your business or against your business. In short, an injunction simply refers to an order which requires you to do something (a mandatory injunction) or requires you to refrain from doing something (a prohibitory injunction). There are many different types of injunctions, which are used for different purposes. Almost always, a court will order an injunction following court proceedings. This article will explain how an injunction works and some of the different types of injunctions that you may come across.

What Do Injunctions Do?

Injunctions simply make you do something or prevent you from doing something. Some classic examples include a prohibitory injunction: 

• to prevent you from entering someone’s land;
• to stop the publishing of an article (for example, if the article is defamatory); or 
• in the form of a restraining order (for example, in domestic violence cases). 

Breaching an injunction can mean that you are in ‘contempt of court‘. Being in contempt of court can mean that your county court punishes you through a term of imprisonment of up to two years or through an unlimited fine. The punishment will usually vary with the reason for which the court gave the injunction. 

Injunctions in a Business Context

There are usually two key requirements for the court to grant an injunction:

1. you must have a right that has been infringed (or is about to be infringed); and
2. monetary awards (damages) must not be an adequate ‘remedy’ for your right being infringed. 

To get an injunction, you will have to appeal to a court. An injunction is a discretionary remedy (sometimes called an equitable remedy) that the court grants to you. This means that you must convince the court that there are good reasons that you should have an injunction to protect your legal rights, instead of damages. 

An injunction can come in many forms. One form which you may come across is an ‘interim injunction‘ (or a temporary injunction). An interim injunction is where the court grants the injunction until they can make a proper judgement. In this way, it is a temporary remedy that prevents a party from doing something before the court can assess the best course of action. 

Different Types of Injunctions

Freezing Injunction

You may seek a ‘freezing injunction’. A freezing injunction is a type of property injunction you must apply for in the High Court. A freezing injunction prevents the party subject to the injunction from doing something with your property, such as selling, transferring, or destroying your property.

Publication Injunction

You may also come across a publication injunction. A publication injunction is where you prevent someone from publishing something about you. 

Search Order Injunction

Search order injunctions are also used (but only in special cases). A search order injunction is where an injunction is granted to allow a person to search another person’s property to gather evidence as part of a case. 

When to Seek an Injunction?

As mentioned, you must convince the courts that there are good reasons why you need an injunction, opposed to damages. One reason may be where you have entered into a ‘restrictive covenant’. A restrictive covenant is an agreement with another party that prevents them from doing something on their land (for example, using their land for business purposes). If a party is in breach of their restrictive covenant, then the court might accept that an injunction is an appropriate remedy. 

Because of this, you will want to make sure that you have an arguable case before you consider looking for an injunction. You should seek professional legal advice if you believe you may be entitled to an injunction because the facts of your situation will strongly determine whether you have a chance of getting an injunction or not. This is because injunctions are given at the court’s discretion and not by legal right. 

What to Do if Someone is Seeking an Injunction Against Me?

If someone is looking to subject you to a prohibitory injunction, then the best course of action is to seek professional legal advice. A lawyer may be able to argue against the appropriateness of an injunction as a remedy. However, it is worth considering that legal aid services may also be available.

Key Takeaways

Injunctions are court orders which either prevent you from doing something or require you to do something. Prohibitory injunctions are much more common than mandatory injunctions. To receive an injunction, you must convince a court that damages would not be an adequate remedy. If someone is bringing proceedings against you with the aim of subjecting you to an injunction order, then it is highly recommended that you seek professional legal advice. 

For help with an injunction, LegalVision’s disputes lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.

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