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Injunctions

Injunctions

An injunction is a court order that requires a party to refrain from or comply with specific acts. Failing to comply with an injunction could mean facing criminal or civil penalties.

What to do if you need an injunction?

Sometimes emergency action is required to protect your position or maintain the status quo. This is particularly so where damages would not be an adequate remedy for you and it would be better to prevent further loss by restricting the activities of the defaulting party.

Injunctions are not automatically given and are at the discretion of the Judge if they consider that the circumstances are appropriate. Great care has to be taken to ensure that a comprehensive factual case is put before the Court to persuade the Judge that the injunction is needed. This is an area where legal advice is essential. Taking the wrong or inadequate steps can lead to cost penalties, at the same time giving your opponent a psychological advantage.

Emergency action is invariably costly and we will advise you as to whether that is the most appropriate or effective step.

Peter Kelly
Joint Managing Partner and Head of Disputes
James Harvey
Solicitor - Disputes and Landlord and Tenant Law

Need advice on an injunction?