How We Can Help You
Our solicitors have specialist experience of all types of injunctions, advising clients in the following areas:
Restrictive Covenants are essentially contractual promises not to act in a particular way and they commonly arise in a variety of commercial arrangements, for example, in business sales and in employment contracts.
Effective enforcement of restrictive covenants is typically by way of an injunction application – an urgent application for a Court Order that the restriction must be observed.
We work closely with our Employment Law team in relation to the enforcement of post-employment restrictive covenants and the protection of confidential information.
A freezing order prevents a party from disposing of or dealing with assets. To persuade the Court to grant a freezing order, the applicant needs to show that it has an underlying right; that it has a good arguable case and, importantly, there is a real risk of dissipation of the respondent’s assets if the order is not made. A freezing order does not entitle the applicant to any form of security over the assets but may make enforcement of a judgment easier at a later date and so it can represent a valuable tool in the arson for any potential litigant.
Misuse of Confidential Information
One of the most valuable assets of a business is the information it keeps. That information can take a variety of forms, for example, a secret formula, a manufacturing method or a list of customers and suppliers. Where this information is confidential in nature, it may be protected by the law of confidence. 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 respondent from using that information and/or an injunction ordering the respondent to deliver up and/or destroy the confidential information.
We work closely with our intellectual property team in relation to the misuse of confidential information.
A search order (also known as a search and seizure order or an Anton pillar order) is a court order that requires the respondent to allow the applicant’s solicitors to enter the respondent’s premises to search for, copy, remove or detain documents, information or material. Together with what is known as imaging orders, search orders represent a very useful tool to preserve evidence - particularly if there is reason to believe that unless the order is made, your opponent will destroy potentially relevant documents. For that reason, a search order is typically made without first notifying the respondent.