An injunction is an order of the Court that requires a party either to do a specified act or refrain from doing a specified act. An application for injunctive relief may be necessary to preserve assets, prevent loss or damage to reputation, or to protect confidential information.
It is a very serious matter for a court to grant an injunction. If an injunction is granted against you, this is highly likely to cause serious difficulties for you.
You will be ordered to pay the costs of obtaining the injunction and potentially ceasing your ongoing activities (dependant on the type of injunction obtained).
Injunction applications, by their very nature, have to be dealt with very swiftly and require specialist knowledge of injunction law and court procedures.
All of our commercial litigation solicitors are experienced in both making and defending applications for injunctions and in recognising when an application for an injunction is needed.
Our injunction solicitors work promptly and efficiently to review matters and advise on the appropriate action required.
We understand that injunction proceedings can be very stressful for all parties. Defending injunctions can often be urgent and require a lot of work to be completed within a very short space of time.
Likewise, when applying for injunctive relief, this can be a worrying time for clients who are desperately attempting to protect their business or assets.
We, therefore, aim to provide our clients with support throughout the process, whilst working closely alongside third parties such as barristers to assist our clients in getting the right information and advice.
How we can help you
Our solicitors have specialist experience of all types of injunctions, advising clients in the following areas:
If you are thinking of leaving your employer or have found yourself in a situation whereby your employment has been terminated, it is possible that your activities after the end of your employment may be restricted by contractual terms, known as restrictive covenants. For example, you may be restrained from contacting your employer’s customers or from poaching other employees of your former employer.
On the other hand, if a former employer considers that you might be in breach of a restrictive covenant, they may apply to the Court for an injunction to restrain your behaviour or conduct, for example, by restraining you from using a customer list or sharing confidential information with your new employer.
A freezing order prevents a party from disposing of or dealing with their assets. In order to persuade the Court to grant a freezing order, you need to show that there is a real risk that any sum the defendant is ordered to pay will not be paid unless the defendant is restrained from disposing of or dealing with their assets. Obtaining a freezing order over a defendant’s assets can, therefore, make enforcement of a judgment easier.
One of the most valuable assets of a business is information. Where this information is confidential in nature, it is usually protected by the law of confidence. For example, a secret formula, a manufacturing method or a list of customers and suppliers. If this information gets into the hands of a competitor it could be very damaging. One of the remedies available in the misuse of confidential information claims is an injunction preventing a defendant from using such information and/or an injunction ordering the defendant to deliver up and/or destroy the confidential information.
A search order is an order made by the Court requiring a defendant to allow the claimant’s solicitors to enter the defendant’s premises to search for, copy, remove or detain documents, information or material. Search orders are a very useful tool to use before court proceedings are commenced if you believe your opponent will destroy documents resulting in crucial evidence which your opponent would otherwise have to reveal is destroyed.
Myerson is a leading commercial law firm, and our commercial litigation solicitors are ranked as “Top Tier” by The Legal 500 who describe us as ‘dynamic, positive, forward-thinking, effective and tenacious’, ‘very client-friendly’ and who give ‘sound and sensible legal advice’.
Our litigation team contains 15 solicitors, led by Adam Maher whom The Legal 500 rate as a “Leading individual” and ‘first-class litigator’ with ‘razor-sharp commercial judgment, tenacity and excellent communication skills’; who ‘quickly identifies the core issues’ and who is ‘extremely robust under pressure.
Our litigation experts are happy to discuss your situation in a no-obligation telephone call.
We will assess your claim, give you preliminary advice and suggest a way forward. We can also suggest innovative funding solutions, where available, to assist you with the costs of litigation.
We pride ourselves on providing experienced and commercial advice to ensure our clients achieve the right outcome at the appropriate cost.
If you are threatened with an injunction to restrain your activities, require assistance in obtaining injunctive relief or if you simply wish to receive advice in relation to your position, please get in touch with one of our specialist injunction solicitors.