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Injunctions

How we can help

At Libra Solicitors we believe that it is crucial that you or your business take a proactive approach to protecting your interests and our expertise could help you do just that. Should you decide to instruct us we can, for instance, assist you in implementing preventative policies that could reduce the possibility of a breach of confidentiality occurring in respect of your business.

We could also advise you of your options and examine the merits of your case if you are involved in a contract dispute and need to take action to enforce the contracts provisions and recover losses you may have incurred.

Alternatively, it may be that the most immediate and appropriate action you need to take is to make an urgent application to the court for interim relief, if for example, your Intellectual property rights have been infringed. If this is the case, we will give you clear, practical advice in respect of the issues involved. We will then act quickly to get the matter before the court, where we will put forward a persuasive argument in respect of the application.

For a confidential discussion about how we can help you protect your interests, call us on 01223 632420 and arrange an appointment. We look forward to putting our expertise at your disposal.

What is an injunction?

An injunction is an emergency order made by the court when it decides that one party or another should either, carry out specific acts, or to refrain from doing so. Failing to comply with a court injunction or any court order, can have severe consequences and examples of injunctions that can be made by the court include, Freezing Orders, Search Orders and Disclosure Orders.

The court does not look too kindly on frivolous applications and it must be convinced that the injunction applied for is urgently needed. In determining whether or not to grant an injunction, the court will extensively consider a number of different issues such as the scope of the application being made, whether or not there was delay in making the application and possibly even whether or not one party or the other is willing to provide cost undertakings. It is imperative therefore, that any application for an injunction is accurately prepared, effectively presented and is made in a timely fashion.

Not all applications are successful. So if you are making an application for an injunction, or objecting to an application that has been made, we suggest that it would be prudent for you to also carefully consider how to proceed if your arguments are unsuccessful. Taking such an approach alongside preparing your arguments for court could help you minimise the effect of the court’s decision if it goes against you.

At Libra Solicitors we have a practical approach to meeting our clients’ needs and we act quickly to protect their interests. For a confidential discussion about the issues that may be concerning you and clear practical advice in respect of injunctions, call us on 01223 632420 and arrange an appointment.

When should an injunction application be considered?

The circumstances in which an injunction application should be considered vary. Examples include:

  1. 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
  2. Where it is believed that intellectual property rights have been or could be infringed
  3. Where a breach of contract has occurred or may occur
  4. When it is crucial to halt or prevent a breach of confidence
  5. Where it is necessary to prohibit the use of confidential information and business secrets
  6. When shareholder rights are ignored
  7. When the prevention of the disposal of assets such as property is required
  8. Where defamatory comments have been made and injunctive relief is required to prevent further dissemination
  9. When restrictive covenants have to be enforced after breach

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 and straightforward advice that you can use. For a confidential discussion in respect of injunctions, call us on 01223 632420 and arrange an appointment.

 

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