At Libra Solicitors we know that defending your business interests could be crucial to ensuring that your business is a success. Whether you are considering making an application for an injunction, or asking the court to set an injunction against your business aside, you need to be sure that you are making the right decisions at the right time to properly protect your business.
What is an injunction?
An injunction is an emergency order by the Court when it decides that one party or another should either, carry out specific acts, or to refrain from doing so. Freezing Orders, Search Orders and Disclosure Orders are all injunctions that can be granted by the Court. Failing to comply with a Court injunction or any Court order can have severe consequences.
Whether a court would grant an injunction, will largely depend on the circumstances of the case itself and the urgency of the application. However, the Court will also take in account other issues such as a party providing cost undertakings, or the amount of delay in the application being made, when they make their decision.
Not all applications are successful. So if you are making an application for an injunction, or objecting to the application that has been made, you need to make sure that you are properly prepared and are able to put forward the right arguments. In addition, we suggest that it would be prudent for you to also consider how to proceed if your arguments are unsuccessful, so that the effect on your business is minimised.
At Libra Solicitors we have a pro-active approach to meeting our client’s needs and will act quickly to protect your interests. For example, if we believe that an interim injunction is urgently required, we will explain as to why it is necessary. Should you decide to take our advice, we will act immediately to get the matter before the court, where we will put forward a persuasive argument in respect of the application.
For a comprehensive discussion and clear practical advice in respect of injunctions, call us on 01223 632420 and arrange an appointment. We look forward to hearing from you.
When should an injunction application be considered?
The circumstances in which an injunction application should be considered vary. Examples include:
- Where fraud is suspected or has been committed and there is a danger that the property involved could be disposed of before a case could be brought before the courts.
- Where it is believed that intellectual property rights have been or could be infringed.
- Where a breach of contract has occurred or may occur
- When it is crucial to halt or prevent a breach of confidence
- Where it is necessary to prohibit the use of confidential information and business secrets
- When shareholder rights are ignored
- When the prevention of the disposal of assets such as property is required
- Where defamatory comments have been made and injunctive relief is required to prevent further dissemination
- When restrictive covenants have to be enforced after breach
This is a complex area of law and at Libra solicitors, we believe that before deciding on a course of action, you should carefully consider your options.
Whether we are helping you with strategic business planning, or explaining how best to proceed if you considering making an injunction application, we will give you clear straightforward advice that you can trust.
Call us on 01223 632420 and arrange an appointment, we will give you the right advice when you need it most.
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