For Your Business
What is an injunction?
It is a court order prohibiting a person from taking a particular action (a prohibitory injunction) or requiring them to take a particular action (a mandatory injunction). ( Basically the court will tell someone explicitly that must, or must not carry out a certain action.)
Injunctions can be granted in an emergency to prevent damage from occurring.
Why would you take out an injunction?
There are many reasons why you might do so, to protect your personal or your commercial interests. Here are some examples:
- To prevent someone from destroying evidence.
- To prevent misuse of confidential information or trade secrets
- To get someone to stop, if they are already breaching a contract e.g. if they are setting up in competition
- To prevent someone from disposing of their assets
Are injunctions costly?
Injunctions do tend to be expensive, so it is important to balance all the factors when contemplating this course of action. Our solicitors have experience in this area of work can advise on whether it is really cost effective or appropriate to take out an injunction in a given set of circumstances. We will seek to minimise cost by negotiating undertakings with the other side.
What if I am threatened with an injunction?
You should seek legal advice as soon as possible if you find yourself in this situation. Time is of the essence here, and we will be best placed to resist the threat for you the sooner you consult us. We can then assess your position and advise on possible courses of action and the likely outcomes (including cost) of these.
If you need urgent advice, call Simon King on 01827 317071 or Peter Humpherson on 01827 317072.