Our Injunction Support
Our Injunction Service
In simple terms, an injunction is a court order that either requires a party to do something or not to do something. It can take many forms and in varying circumstances, and can be ordered by the court very early in a dispute and without a trial (an interim injunction).
An application for injunctive relief is sometimes necessary for a number of reasons, such as preserving assets, preventing loss or damage to reputation, or protecting a company’s confidential information.
Whether you are seeking an injunction or potentially on the receiving end of one, careful navigation and proper advice are required from the outset. Our solicitors help guide you through this legal process.
The grant of an injunction is at the court's discretion, determining if it's just and convenient, especially in specific cases like interim injunctions.
If an injunction is granted against you, it may cause significant difficulties for you or your business. Prompt advice is essential to ensure that a breach does not inadvertently occur (which could be a criminal offence). If the injunction has been obtained without notice to you, you will need urgent advice to represent yourself at an upcoming hearing.
Injunction applications must be dealt with swiftly and require specialist knowledge of the law and court procedures.
Our commercial litigation team is experienced in making and defending applications for injunctions and have experience in obtaining freezing injunctions (both worldwide and domestic) and search orders.
We will assess your claim, give initial legal advice, and suggest an appropriate course of action. We can also explore funding solutions when available to assist you with the costs of litigation and ensure that financial constraints do not impede the process.
If you are threatened with an injunction to restrain your activities, require assistance in obtaining injunctive relief, or simply need advice relating to your position, please get in touch with one of our specialist injunction solicitors.
Our team can provide comprehensive guidance regardless of the case complexity.
If you require a domestic violence injunction or an emergency financial injunction in relation to a family issue we are also here to help.
Our Approach to Injunctions
We recognise that injunction proceedings can be very stressful for all parties. They are often required urgently within a limited time frame, demanding considerable work and cooperation with barristers specialist in injunctive proceedings.
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 aim to provide our clients with support throughout the process, collaborating closely with third parties, including barristers, to help our clients obtain the right information and legal advice.
The Dispute Resolution experts at Myerson are happy to discuss your situation in a no-obligation telephone call to assess your claim, give preliminary advice and suggest a way forward.
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’.
How Our Injunction Solicitors Can Help
Our solicitors have specialist experience of all types of injunctions, advising clients in the following areas:
Restrictive Covenants
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 typically involves an injunction application - an urgent application for a court order that the restriction must be observed. Breaches are taken seriously by the court.
We work closely with our Employment Law team in relation to the enforcement of post-employment restrictive covenants and the protection of confidential information.
Freezing Orders
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 there is a real risk of dissipation of the respondent's assets.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 as the respondent will be prevented from disposing its assets, 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.
Search Orders
A search order also known as a search and seizure order or an Anton pillar order, is a court order demanding the respondent to allow solicitors to enter premises for searching, copying, removing, or detaining documents or materials. This is especially significant in cases where immediate preservation of evidence is required.
Together with what is known as imaging orders (the copying of hard drives or other data storage devices), 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.
Myerson has a wealth of experience in both bringing and defending search orders and we act as supervising solicitors for other law firms who require such orders.
Injunction FAQs
What is an injunction and how does it function legally?
An injunction is a very serious order granted by the court against a party requiring it to do or not do something. A breach of an injunction is considered to be contempt of court and such defiance is punishable by up to two years’ imprisonment and an unlimited fine.
An injunction also binds any other person or business that is given notice of it. Therefore, if a party’s bank accounts are frozen, the bank must take steps to freeze assets of the injuncted party when it is given notice of the court order.
What are the common types of injunctions available?
Common injunction application include:
- those which freeze property (both liquid and immovable) and both in the UK and abroad.
- Injunctions to search residential or commercial premises to preserve evidence, electronic or physical (a search order)
- Injunctions to force someone to stop doing something (a cease and desist); i.e. to stop copying intellectual property, to stop working for a competitor or to stop misusing confidential information
- Injunctions to force someone to do something (a mandatory injunction) i.e. to return confidential information, or to comply with a contract
What are the steps involved in applying for an injunction?
An injunction must be supported by evidence and given that the order can be draconian there is a requirement of full and frank disclosure. The evidence usually takes the form of a witness statement with key documents appended.
If the injunction application is made without notice (i.e. without tipping off the respondent) then there will be two hearings; the first where the injunction is obtained, followed by a second “return date” where the respondent is given opportunity to raise points before the court on whether the injunction ought to have been granted in the first instance.
What costs should one expect when seeking an injunction?
Injunctions are expensive. As well as two hearings if the injunction is applied for without notice, there will be barristers’ fees as well as solicitors’ costs and court fees. Occasionally expert assistance is required from accountants. In the case of search orders, it will usually be necessary to obtain the service of a expert electronic disclosure company in order to image data security devices and independent supervising solicitors to ensure that the search is conducted fairly.
How can a solicitor assist in the injunction process?
Swift, early and decisive advice is essential. You need to be confident of the strengths of any application for an injunction before launching into proceedings as the consequences of getting it wrong can be catastrophic. The team at Myerson has significant experience in both obtaining and defending injunctions and we are able to give the decisive advice you need when exploring these options.
Why Work With Our Dispute Resolution Team
- For the past seven years, the Legal 500 has rated us as a Top Tier legal firm.
- There are in excess of 30 specialist lawyers in the Myerson Dispute Resolution Group, who will assist you with cases involving shareholders, partnerships, directors, inter-company disputes, professional negligence, and commercial agency issues.
- You will obtain city-quality dispute resolution legal help at regional pricing.
- We offer a partner-led service to make sure you get the greatest legal counsel and support with a focus on business.
- Our large and experienced team can work quickly to fulfil your deadlines.
- We recognise that each transaction is unique to your specific circumstances and that you require the assistance of a dispute resolution solicitor who has dealt with a wide range of clients and types of work.
- We are a full-service law company with a single location, which ensures our employees interact effectively and efficiently.
- We employ the most recent technology to make sure that we are operating as effectively as possible and that a client's location is not a barrier to us providing outstanding customer service.
- All of our clients receive free newsletters and webinars that keep them informed about dispute resolution legal developments. View our most recent webinar on dispute resolution updates.
- Check out the Myerson Promise for more information on the benefits of working with us.
Funding
Our Dispute Resolution Solicitors are happy to discuss your situation in a no-obligation and free consultation by telephone.
We also offer different funding arrangements to suit your individual needs. Conditional fee agreements or “No win, no fee” arrangements may be available, as may insurance policies or third-party funding.
At Myerson, our litigation funding team will provide guidance in handling the financial risk that comes with litigation and directing any of those costs off your credit sheet.
We understand the costs that come with litigation, which is why we act with integrity. We will only provide funding as an option if it is in your best interests. We can advise you on whether your claim is suitable for litigation funding.
Find out more about the different litigation funding options that may be available to you.
Testimonials
Mr. Blakey
Fantastic service as always from Myerson. The quick communication makes all the difference.
Jack
Like most people I don't find myself in situations that require a solicitor very often. So, the process can feel a little intimidating and daunting when it does come up. But, Suzanne at Myserson was both professional and supportive during my case - giving me excellent, informed and realistic advice which gave me the reassurance to successfully resolve my case.
Legal 500
The team at Myerson are very effective, dynamic, ambitious and very personable. A very cohesive and positive team that consistently achieve excellent results for their clients. The team consistently rise to the challenges presented by challenging cases.
Richard
Myerson have helped us with successful outcomes in legal disputes, contract negotiations and re-writing our Terms & Conditions. We have always found their service to prompt, positive and in relatively simple terms. I have entire confidence that they are giving me sound advice. I would fully recommend their services and we feel well protected in the future.
Legal 500
They have the personal and connected touch only a small firm can have. However, they have the expertise you would normally only expect from a big firm. The best of both worlds.
Carl
The guys at Myerson Solicitors made what could have been a very tricky and stressful case much easier to deal with. Very professional in their approach but also friendly and informative. Their advice from start to finish was extremely sound and they managed to achieve a very successful outcome.
Legal 500
The commercial litigation team at Myersons is a regional team doing national level work – with aplomb.
Olivier
My French company, an international textiles sales agency, was involved in a difficult breach of contract with one of its UK client. Difficult because an expertise was needed in this field of activity; difficult because our client took an approach which wasn't decent to say the least. Myerson debated very professionally and defended our position strongly up to win our case considering the results obtained before we needed to go to court. I will recommend Myerson to my other French agents colleagues.
Malcolm
Used Myerson for a business contract dispute that I had. The matter is now concluded to my total satisfaction. In one word Meyerson were amazing. From evaluating expectations, to giving good direction and magnificent advice I was, and am, impressed.
Legal 500
Great reputation as one of the better dispute resolution teams in the North West Excellent team with an all-round attention to detail.
Jill
The help we have received advising us on commercial agents' contracts has been hugely beneficial. In particular, Suzanne has helped us with the exit of an agent from the business. This has been handled with great professionalism and calm, direct advice, which has supported us through a very delicate process. With Suzanne's help we have reached a mutually agreeable outcome and we are happy that this gentleman can leave the business without any animosity, which was our definite preference.
Freyja Handy - Senior Vice President & General Counsel (Europe), ASM Global
We’ve had an excellent experience working with Myerson in relation to a number of disputes. They were highly responsive, pragmatic and maintained a strong commercial and cost-conscious focus throughout. Their advice was always clear I wouldn’t hesitate to recommend the dispute resolution team to others seeking reliable and commercially minded legal support.
Legal 500
A dynamic, personable and highly effective team with tremendous strength in depth. This team consistently achieves excellent results for their clients. Clients benefit from the positive approach of the team at Myerson, however challenging the dispute.
Mr. William
Fantastic service as always. Quick, clear and honest communication. The team is very supportive which is exactly what’s needed when going through any legal scenario. I highly recommend this company.
Legal 500
Suzanne Carr is an immensely talented litigator who is adept at steering disputes to a successful conclusion and remaining focused on the key issues.
Legal 500
Adam Maher and his team are pros. Adam is an intellectual powerhouse. He stays calm under pressure yet remains focused, confident and motivated to produce the best results. He has great attention to detail and won’t take any nonsense. Good integrity and can argue well.
Legal 500
My view is that this firm is one of the best, focused, strategic and hardworking outfits in the region; with attention to detail and a laser sharp focus on the case at hand, you absolutely want them on your side in any piece of challenging commercial litigation. They will give most London law firms a run for their money.
Legal 500
Sven Clarke is a superstar. He has the rare mix of legal clout and commercial nous. He's a formidable opponent.
Legal 500
Adam Mayer leads a team of talented lawyers. The team give pragmatic advice, but are not afraid of taking on difficult cases. Particularly strong with regards to shareholder and partnership issues, showing an excellent grasp of the law and the nuances of dealing with interpersonal business disputes.
Legal 500
The commercial disputes team punches well above its weight - easily going toe-to-toe with London firms in contractual and shareholder disputes.
Legal 500
Adam Mayer combines excellence in his specialist area of law with being very approachable. He is commercial and pragmatic, but will still fight your corner.
Legal 500
This team is outstanding in its strength in depth, positivity, teamwork and client care skills. A “can do” attitude runs throughout the team from partner to trainee and the team is very cohesive. Particular depth of experience in shareholder disputes.
Ms Wilson
Amna Iqbal and David Jones have been exceptional with their support and advice during what has been a very difficult case.
Legal 500
Adam Maher is an outstanding leader and litigator. His strategic vision is excellent, his legal analysis is first-rate and his leadership of the team is always very positive, leading to excellent results.
Boti
Myerson Solicitors helped me retrieve 50K compensation from FSCS over poor financial advice I had received with regards to my pension. I received professional and efficient service throughout the process. All my calls and emails were responded to promptly. I was going to use Myerson Solicitors on a no win no fee basis. They advised me against it as they thought I will be paying a lot more and I have a reasonable chance for a successful outcome. They were absolutely right and I am glad that I trusted them.
Legal 500
Sven Clarke is a real stand-out – he’s a dream to work with, extremely bright, and unflappable.
Meet Our Dispute Resolution Team
Contact Our Experts
You can contact our lawyers below if you have any more questions or want more information:
0161 941 4000
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