This is one of the strongest (and some would say most draconian) options available to solicitors for protecting their clients’ interests. Consequently they are not easily obtained and can go horribly wrong for the unwary.
They can be used to freeze assets you want to claim against following a judgment e.g. bank accounts or where you are making a claim that you have some legal right against those assets e.g. because they have been stolen from you.
Injunctions can also be obtained if you want to stop someone doing a particular act e.g. using your confidential information or obstructing your right of way over land.
It is possible to apply for an injunction either by giving the opposition notice of the application or not giving notice. In the latter case you would need to prove to the court that there is some element of urgency which means you cannot wait to give notice e.g. because there are safety concerns or, particularly in cases of freezing injunctions, to give notice would tip off the opponent to move the assets you are looking to freeze.
Whilst we always suggest seeking advice as soon as possible, never more so is it the case than with injunctions.
Delay could be fatal both to stopping the movement of any assets but also the chances of successfully obtaining an injunction i.e. it is difficult to justify the need for an early (known as an ‘interim’) injunction if you have not acted quickly.
It is vital you get specialist advice to fully advise you of the process, the risks and the costs involved. For example if you are applying without giving the opposition notice, there is a duty of full and frank disclosure. In other words you must disclose all the relevant facts and available evidence to the case, even if this is adverse to your case. Failure to do so could lead to an injunction being discharged and costs ordered against you.
We have the technical expertise, experience and resources to guide you through this process and if necessary to take technical advantage of the opposition’s failure to properly comply.
For more information and advice about injunctions, please contact a member of our team.