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Feb 11, 2024 · Mandatory injunctions require the defendant to take a specific action, such as removing an unlawful structure. Each type of injunction serves a distinct purpose, and choosing the correct one is pivotal in achieving the desired legal outcome.
Feb 11, 2024 · An injunction is a court order that either restrains a party from taking certain actions (a prohibitive injunction) or compels them to perform specific acts (a mandatory injunction). It’s a preventive measure, designed to protect the applicant’s rights before a situation can cause irreparable harm.
- What Is An Injunction?
- Types of Injunctions
- What Is Equitable Relief?
- Applying For An Interim Application
- What Are Cross Undertakings?
- Third Parties and Injunctions
- How Much Does It Cost to Take Out An Injunction?
- How Are Injunctions Enforced, For Non-Compliance?
- How Moore Barlow Can Help
An injunction is an order from the court requiring the infringing party to do a specified act (mandatory injunction) or to refrain from doing a specified act (prohibitory injunction). It may be sought to prevent anticipated wrongdoing (quia timet/precautionary injunction) or sought to negate the benefit of wrongdoing (spring board injunction). They...
Where injunctions are sought for commercial protection, the most common types of orders are as follows:- 1. Freezing Order: restrains the defendant from disposing of or dealing with assets, typically to preserve assets until judgment can be obtained or enforced. All types of assets can be frozen, including bank accounts, shares, motor vehicles and ...
It is a discretionary remedy, considered on a case-by-case basis. The court will only grant an injunction where the court can be persuaded that the respondent’s rights should be restricted. The prospects of success will be subject to various factors, including:- 1. Risk – Is it necessary to prevent/remedy wrong-doing? In the case of search orders a...
Application. The application must include an application notice (usually N244, stating what order is sought, the reasons why and if there is a hearing the date and place of that hearing) a claim fo...
Typically, a cross-undertaking should be included in the draft order requiring the applicant to pay for any consequential damage the respondent (or any third party) sustains by reason of the injunction should the court decide later that the injunction should not have been granted/granted on the terms granted.
In the case of freezing injunctions, it is usually crucial for claimants to notify third parties (such as the respondent’s bank, agents and employees), to ensure that such orders are complied with.
Costs will depend upon the urgency of the application, the number of witnesses involved and whether the application is with or without notice. However, typically injunctions are expensive and time-consuming. The general rule in interim injunctions, is that costs will be reserved until the final hearing (to enable to costs to be reviewed retrospecti...
Seizure of assets, fines and in some cases imprisonment A party who disobeys an injunction will be in contempt of court. There are general powers to punish breach of an injunction. 1. Fine: seizure of assets and fines. 2. Committal: if the injunction included a penal notice (ie. A warning in a specific form), courts have the power to commit the off...
If you find yourself caught up in a business dispute, we have expert solicitors who can give you the advice and support you need, as well as offering the alternatives to going to court. With legal specialists across all of these different areas, our team of experienced and respected business dispute resolution solicitors are based in London, Richmo...
An injunction can be a powerful judicial remedy available to business owners and individuals who need to urgently stop something from happening, or need to prevent a party from taking a specific action. Conversely, an injunction can also be used to compel a party to do something.
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Nov 23, 2019 · If irreparable harm has been caused or threatened to be cause by a party Ai Law can consider whether an injunction is an appropriate remedy, in the interim whilst the dispute is resolved, or with a view to obtaining a final injunction.
Mar 5, 2018 · An injunction is a Court order which orders a company or person to stop doing (called a "prohibitory injunction") or to do (a "mandatory injunction") a particular act or thing. A party who breaches an injunction can be held in contempt of Court which in some circumstances can lead to imprisonment.
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Mar 23, 2021 · If you feel threatened by an individual and have just cause to feel that way (person in question has shown intent to harass you or make you feel uncomfortable in some way) then you may want to file an injunction.
