Injunctions

What Injunction Applications Involve

Injunction applications are used where a party seeks urgent relief from the court to preserve the position pending a full trial or final determination. The relief may be sought to preserve assets, prevent breaches of contract, protect confidential information or maintain the status quo. Applications may be made on notice, where the other party is given an opportunity to respond, or without notice, where the urgency of the situation means that giving notice would defeat the purpose of the application. Without notice applications carry particular obligations of full and frank disclosure.

The court applies established principles including the American Cyanamid test. In broad terms, the court will consider whether there is a serious issue to be tried, whether damages would be an adequate remedy, and where the balance of convenience lies. Careful preparation of evidence is essential. The court will usually need a clear explanation of the factual background, the legal basis for the relief sought, and why the application is urgent. The quality of the preparation often has a direct bearing on the outcome.

When Representation May Be Needed

Representation may be needed where a party is seeking an injunction, responding to an application, or seeking to vary or discharge an existing order. It may also be required where the application is made without notice and the respondent seeks to set aside or vary the order, or where there are allegations that the applicant failed to make full and frank disclosure. Injunction applications often move quickly and may require preparation at short notice. Early advice can assist in identifying the correct procedural route and the evidence that will be required.

The approach taken is disciplined and evidence-focused. These applications benefit from clear presentation of the facts, the legal basis and the urgency. Proper preparation assists in meeting the court's expectations and in presenting the case in a way that allows the court to make an informed decision.

Direct Access and Litigation

Public Access instructions accepted where suitable.

Where authorised, litigation may be conducted directly in appropriate cases.

Acting Throughout England & Wales

High Court and County Court representation nationwide.