In simple terms, an injunction is a Court order that requires a party either to do something or not do something and it can take many forms and in varying circumstances. An application for injunctive relief may be necessary for a number of reasons, including preservation of assets, prevent loss or damage to reputation, or protecting a party’s confidential information.
Whether you are seeking an injunction or potentially on the receiving end of an injunction requires careful navigation and proper advice from the outset.
The grant of an injunction is a matter for the court’s discretion to determine if it is just and convenient to do so.
If an injunction is granted against you, this may cause serious difficulties for you or your business.
Injunction applications, by their very nature, 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 in recognising when an application for an injunction is needed.
We will assess your claim, give you preliminary advice and suggest a way forward. We can also consider funding solutions, where available, to assist you with the costs of litigation.
If you are threatened with an injunction to restrain your activities, require assistance in obtaining injunctive relief or if you simply need advice in relation to your position, please get in touch with one of our specialist injunction solicitors.
We recognise that injunction proceedings can be very stressful for all parties. They are often required urgently and necessitate a lot of work to be completed within a limited period 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 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.
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 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.
Meet Our Specialists
Home-grown or recruited from national, regional or City firms. Our specialists are experts in their fields and respected by their peers.
Adam is a Partner and Head of our Commercial Litigation Team
Tim is a Senior Partner in our Commercial Litigation department
Sven is a Legal Director in our Commercial Litigation Team
Suzanne is a Senior Associate in Myerson’s Dispute Resolution Team
Vicky is a Senior Associate in our Commercial Litigation & Construction departments
Robert is an Associate in our Commercial Litigation Team
Latest News & Insights
Keep up-to-date with the latest legal news and our expert opinion.