Nath Solicitors guides you on ways to act swiftly to protect you position in Court when time is of the essence.
In any legal case, there is always an interest at stake – financial, reputational, physical or otherwise. In some situations, the risk of harm to your reputation, finances or other interests is immediate rather than imminent – making time of the essence. At Nath Solicitors, we have dealt with cases that require speed and precision. And sometimes our intervention is required within hours to effectively protect clients from financial loss, reputational damage or the destruction of evidence.
This article outlines the most commonly used injunctions in litigation and how we use them strategically in high-value disputes.
What is an injunction?
In law an injunction is one of several equitable, or non-monetary remedies in which a court orders a party to perform (a mandatory Injunction), or refrain from performing (a prohibitory Injunction), a particular act.
Injunctions may be temporary, in place until judgment is entered (called an interim injunction in the UK), or permanent, continuing after the conclusion of proceedings either perpetually or until a specified date (a final injunction).
In urgent cases, we apply for without notice injunctions where the other side isn’t told of our application in advance. This prevents them from being tipped off and taking steps to thwart our reasons for seeking injunctive relief in the first place. An example might be where there is a risk that if notified, the other party could transfer an asset out of the country or hide assets to avoid paying a debt or meeting business obligations.
Types of Injunctions
1. Freezing Orders (Mareva Injunctions)
A freezing injunction (or freezing order) is a form of interim injunction which restrains the respondent from dealing with or removing their assets from the jurisdiction (i.e. England and Wales) and/or from dealing with their assets wherever they are located before a judgement can be enforced.
We obtain these in:
- Fraud and breach of trust claims
- Shareholder or director disputes
- Cross-border asset protection cases
Our expertise extends to securing worldwide freezing orders particularly where assets are held offshore.
2. Defamation Injunctions
We act to prevent:
- False and damaging statements being published
- Ongoing harassment campaigns
- Anonymous smear attacks on social media or online forums
Courts grant defamation injunctions only in rare situations. However, when serious harm is a risk, we have successfully secured urgent court orders.
3. Search Orders (Anton Piller Orders)
This is a form of injunction that permits the claimants to search for and carry away all infringing articles and relevant articles in the defendant’s possession. The order may also require the defendant to make disclosure upon oath of matters relevant to the infringement and names of all parties to whom they have supplied or from whom they have received infringing articles.
Anton Piller orders are especially powerful in:
- Trade secret misappropriation
- IP and software policy
- Fraud investigations
We work closely with other relevant bodies to supervise and execute these orders lawfully and effectively.
4. Norwich Pharmacal & Disclosure Orders
This is a court order requiring a third party (e.g., Google, ISPs, banks) who is innocently involved or ‘mixed up’ in wrongdoing, to disclose information or documents. The disclosure helps identify the ultimate wrongdoer and to gather evidence to bring legal proceedings against them.
These are often a prelude to defamation or harassment litigation involving anonymous users.
5. Anti-Suit Injunctions
Anti-suit injunctions are a form of injunction used to restrain a party from either commencing or continuing proceedings in a foreign court. They are not available as of right, rather they are made at the discretion of the court. This form of injunction is common in international business contracts, franchise and joint venture disputes, and arbitration enforcement battles.
Comment
Injunctions can be secured on short notice, often within hour or days. Courts expect:
- Evidence of clear, urgent risk of harm
- Full and honest disclosure of all facts
- Drafted undertakings, evidence and details of supporting law
Nath Solicitors are known for preparing first-rate injunctions applications under tight time constraints. If you need to take steps to protect against personal harm, protect your assets, or prevent damage to your reputation or the reputation of your business, we can help.
If you are faced with action from another party which may be damaging to your personal, financial or business interests it may be necessary to apply for an injunction. However, you must seek proper and specialist legal advice as to whether seeking an injunction is the right move for your specific circumstances.
Our lawyers can advise you on any potential risks in seeking an injunction and help you navigate challenging reputational and commercial issues. We have highly experienced dispute resolution solicitors with a deep understanding of cases where seeking an injunction, or an interim injunction is the best course of action.
Contact us
To discuss the details of your case, call us today on 0203 983 8278 or complete our online enquiry form. We will get back to you right away.