Injunction Solicitors in London

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We can act on your behalf to gain two types of injunctions: interim injunctions (temporary injunctions that last until trial or final order) and final injunctions (at the successful conclusion of a claim). 

An injunction can help you:

• Prevent the publication of private or confidential information
• Prevent the publication of defamatory and/or inaccurate content 
• Removal of confidential/inaccurate/defamatory material that has already been published
• Prevent harassment
• Prevent the release of trade secrets or sensitive company data
• Stop the breach of restrictive covenants
• Fight back against intellectual property (IP) rights infringement
• Resolve shareholder disputes 
• Prevent fraud and the unlawful movement of assets 

Once an injunction has been granted, non-compliance with it can result in the imprisonment and/or seizure of assets.

If you wish to apply for an urgent injunction or if you need help with an injunction application against you, contact our injunction solicitors for a free, initial consultation with a specialist.

Types of Injunction Orders

There are four common types of injunction orders our injunction solicitors regularly advise clients on:

• Freezing injunctions(previously called a ‘Mareva injunction’). This order is associated with bank accounts and dealing with assets. This will prevent the defendant from disposing of assets
• Orders directing a party to provide information about the location of property or assets
• Search orders (previously called ‘Anton Piller orders’). This order will allow the claimant’s solicitors to enter the premises to search, remove or copy any document and materials These might include paperwork, laptops or any other storage devices
• Orders requiring delivery up of property
• Quia Timet Injunction. This is a special type of injunction that is granted before any wrongdoing has been done. In such cases, the threat of harm is so serious that an injunction has to be granted to prevent irreparable harm.
• Springboard Injunction. Springboard injunctions are applied when confidential information has been misused for personal gain. Usually, this is used in cases where a former employee uses confidential information gained during their time with a company to benefit themselves or their new employer.

Who Can Apply for an Injunction?

While injunctions are not easily granted by the court, in order for the Court to grant one you need to meet the following criteria:

• You need to have a strong legal claim
• You need to be able to prove that an injunction will further stop the wrongdoing.
• Have the necessary funds to provide a cross-undertaking in damages in case the Court later removes the injunction and orders you to pay damages.
• Most importantly of all, you need to provide full and frank disclosure which means disclosing all matters that are material to the court in deciding whether to grant the order.

Our injunction solicitors offer advice on a case-by-case basis to determine whether you could be granted an injunction. Examples of situations where an injunction can be used include:

• To protect interests related to property;
• To restrain trespass or nuisance (including public nuisance);
• To restrain unlawful competition by directors and employees.
• Anti-suit injunctions, restraining foreign legal proceedings;
• Proprietary injunctions, protecting property and trust assets;
• Privacy and confidentiality injunctions, protecting an applicant’s personal privacy or confidentiality in business or personal information;
• Injunctions protecting patentee or IP right-holder rights;
• Family law injunctions, for example, non-molestation orders;
• Insolvency law injunctions, for example, to prevent the presentation of a winding-up petition;
• Injunctive relief ancillary to the main injunction, for example, to provide information about the whereabouts of assets.

Grounds to Grant an Injunction 

There are three general principles that the Court must establish before considering whether to grant an injunction or not:

1. Is there is a substantive cause of action, and the other party is either threatening to invade (or has invaded) your equitable rights or is threatening to behave (or has behaved) in an unconscionable manner
2. Would it be just and convenient to grant the injunction
3. Would damages not make an adequate remedy to compensate in redress of the dispute

The Procedure for Applying for an Injunction

When applying for an injunction, you must supply the following as part of the application process:

• Sufficient evidence: In order to apply for an injunction, the application that you submit will have to contain all the evidence necessary to support your claim. This will include witness statements containing all of the facts and documentary evidence to support your claim
• Full disclosure: You will also need to include evidence that might not be in your favour in accordance with the duty to provide full and frank disclosure
• Undertaking on damages: This is a legally-binding promise on your behalf to pay damages to the defendant if your injunction claim is overturned
• Matter of urgency: You must be able to demonstrate that there is a genuine threat to you and this is a matter of urgency that requires an injunction 

If you are unable to present sufficient evidence, your application might fail and the court might even order you to cover some or all of the other party’s costs. There is no room for error and the applicant should be very well prepared in gathering all the required evidence. Our team of injunction solicitors will ensure that all necessary documentation and evidentiary materials are supplied.  

Supplying Notice to the Defendant 

Injunctions can be served on notice or without notice to the defendant. If notice will be served, then it must include all of the following information: 

• The type of injunction order you are seeking
• Your reasons for seeking an injunction
• The date and place of the hearing (if one is scheduled)

Speak to Witan Solicitors today for advice on the best approach to take when applying for an injunction. We are prepared to take action on your behalf when an urgent injunction is required, as well. 

How We Can Help

Our team of injunction solicitors in London, Birmingham and Northampton have over 100 years of combined experience and we regularly make injunction applications both in the County and High Court. As all of our Solicitors are Solicitor Advocates, they have the ability to argue your injunction application in front of the Court without the need for a barrister.

We can help you put together all the materials and information you will require to be able to obtain an injunction and can also present your claim and prepare the legal arguments that will be needed. We know how to best prepare for these hearings and together, we can work to obtain the best possible outcome for you and your business.

Defending Against an Injunction

When an injunction application has been made against you, this can cause distress and action must be taken swiftly to ensure that any damages are kept to a minimum. Find out how Witan Solicitors can help you below.

Defences to an injunction before it’s granted 

Our team will look for the best defence in your circumstances once we know more about your case. In most situations, we can use one of the below commonly used defences against an injunction:

• If the injunction is granted, you will suffer serious loss (i.e. inability to trade) 
• There are no good grounds for the injunction to be granted 
• The real purpose of the injunction is to harm you rather than protect the claimant (collateral purpose).
• There is missing/incorrect information in the evidence provided by the claimant 

Setting aside an injunction that has been granted

If an injunction against you has been obtained without notice,  our injunction solicitors can assist you in applying for it to be set aside. There will be a hearing set by the court and if your application is successful the claimant will be required to repay you any damages sustained as a result of the injunction. 

It’s important that you still comply with the injunction even if you think it should be set aside or you disagree with it. Failure to do so can lead to imprisonment. 

How Much Does it Cost to File an Injunction?

Whilst the costs of applying for or resisting an application for an injunction will always depend on the facts and circumstances of a particular case, injunctions are in general an expensive and time-consuming remedy and costs can quickly run into thousands and indeed tens of thousands of pounds.

Factors that will affect the level of costs will include:

• The urgency of the application
• The number of witnesses involved
• Whether the application is with or without notice

At Witan Solicitors, we have a clear and transparent policy to pricing, so we will keep you informed about the cost of our injunction solicitor services at all times. Contact our team today to discuss how we can help and the costs involved. 

Why Choose Witan Solicitors?

• 100+ Years of Combined Experience: With over a century of combined experience in our team, our injunction lawyers have the knowledge to win your case
• Proven Track Record: We have been winning cases for our clients since 2014 with a stellar success record to prove it
• Legal 500 Recognised: Our Solicitors have been recognised in the Legal 500
• Industry Experts: We believe we can always do better and we never stop learning about our field
• Multilingual Support: The Witan Solicitors team speaks over 10 languages and offers multilingual support to UK and international clients
• Injunction specialists near you: Our injunction solicitors are based in three locations across the country – London, Birmingham and Northampton

To ensure you are confident in appointing us as your legal representatives, we offer an initial, no-obligation consultation free of charge. Speak to an injunction lawyer today and find out how we can help you in your case.

Our Awards

We are immensely proud of the Commercial team, whose outstanding work has been recognised by SME News and APAC Insider.

FAQ

Do I need to inform the other side if I apply for an injunction?

Interim injunctions are either obtained “on notice” or “without notice”. With an “on notice” application, the other side is told that the application for an injunction is being made and when and where it will be heard. A “without notice” application is made without the other party having any notice of the application or being present at the application hearing.

Can I get an urgent Injunction?

The Court will only grant an urgent injunction if there are good reasons for not giving the other side any notice, for example, where there is a risk that informing the other side will create a serious risk of assets being dissipated before the hearing.

In all other cases, the Civil Procedure Rules require at least a three-day notice to be given to the other side before injunction hearing.

I have received an injunction notice. Can you help me?

We regularly act for individuals and companies seeking injunctions as well as those who wish to defend them. This gives our clients an advantage of relying on our knowledge of both bringing and defending such actions.

What is a return hearing?

A return hearing is the first Court hearing after a without notice injunction has been made. It is often the first opportunity a defendant will get to present their position to the Court to try and have the injunction removed or varied.

What will the court consider in deciding whether to grant an interim injunction?

An interim injunction is granted at the discretion of the court. To be successful, you must prove that the injunction is necessary and urgent. The court will determine the “balance of convenience” to decide, meaning they will weigh the potential damages to the applicant if the injunction is not granted vs the losses that imposing the injunction will cause.

How long does an interim injunction last?

An interim injunction is usually enforced until a case goes to trial, which takes on average 12-18 months.

Do I have to go to court if I’ve been granted an interim injunction?

Having an interim injunction granted is a temporary measure only. You will still need to take your case to court. Often cases are settled at this stage but if a settlement agreement can’t be reached, you must be prepared to take your claim to trial. If your case goes to court, the cost of litigation will be considerably higher, so it’s important to consider the financial risks involved with applying for an injunction.

Does a permanent injunction last forever?

Not necessarily. A permanent injunction is a final court order at the end of your trial. However, it can be active for any period of time (including indefinitely) as ruled by the court.

What is injunctive relief? 

Injunctive relief is another term used to describe an injunction – it’s a legal way to prevent someone from doing something harmful. 

What are the main different types of injunction orders?

Some of the main types of injunction orders used in England and Wales include:

• Freezing injunctions
• Search orders
• Occupation order
• Mandatory injunctions
• Quia timet
• Restraining order
• Delivery up and disclosure orders
• Preliminary injunctions

Can I apply for an injunction order?

If you believe that someone is threatening to cause damage, loss or harm to you in any way, you can apply for a court injunction order to protect yourself. For your injunction application to be successful, you need to show the court that there is a substantive cause of action, or in other words – prove that your rights are being threatened or invaded by the other person.  

What is the cost of getting an injunction?

The cost of your injunction application will vary depending on the complexity of your case and whether you need it urgently. The average cost of an injunction is around £4000 to £7,000 plus VAT.