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Is an injunction right for you?

Injunctions are an important tool in protecting individuals from harmful actions or a failure to fulfil a certain action.

It’s important for anyone involved in a dispute to understand what an injunction is and how they come about. Our litigation and dispute resolution Solicitor, Lorraine Walker, gives us her thoughts on the issue of injunctions and outlines how Mander Hadley can support anyone looking to obtain one.

“If you are facing a dispute with another person or an organisation,” said Lorraine, “you might consider seeking an injunction to protect yourself against the consequences of a specific action or piece of information.

“An injunction is designed to provide protection to you through either civil or criminal courts to prevent someone doing something (prohibitive injunction) or force them to do something (mandatory injunctions).”

They are typically used in situations where an individual seeks to do something which would result in physical, emotional or financial harm if they are allowed to proceed.

Why would I get an injunction?

Injunctions can be used in a number of different scenarios, including:

  • The publication of content about you, such as unsubstantiated accusations
  • Domestic violence, such as a non-molestation order
  • Someone selling or destroying your property
  • Someone who owes you money leaving the country
  • Ongoing nuisances on your property
  • A search order to gain access to a home or workplace
  • To enforce existing contractual obligations
  • To protect confidential information

How do I get an injunction?

Lorraine said: “Obtaining an injunction involves a number of steps designed to determine the viability of the case and whether an injunction would be effective in achieving the desired outcome.

“We will not only look at whether it is possible to obtain an injunction, but also whether this is the most suitable way forward for a client who may be in a vulnerable position.”

A typical injunction process might include:

  • Initial assessment and application: This phase includes gathering evidence, understanding the legal context, and evaluating the potential impact of not securing an injunction, before preparing a submission if the matter is deemed viable.
  • Evidence submission: Central to the application is the evidence supporting the need for an injunction. This evidence must convincingly demonstrate the immediate harm that could occur without court intervention.
  • The balance of convenience test: A critical aspect of the court’s consideration is the balance of convenience test. This requires demonstrating that the harm to the applicant if the injunction is not granted outweighs the harm to the respondent if it is granted.
  • Granting the injunction: When the injunction is granted, the court will outline its terms and how it will be enforced in the event of a breach.

“What’s essential is that we base every decision on a well-laid strategy that achieves the best outcome for the client.”

How can a solicitor help me?

“A solicitor’s role is central to the injunction process,” said Lorraine. “We can act as a guiding light through what can be a very difficult situation.

“It is our responsibility to ensure clients understand what an injunction will mean and how it is enforced, as well as the evidence they will need to present.”

Early legal advice when seeking an injunction is essential. This can prevent any issues arising further into the process and can also provide a strong foundation for matters presented before the courts by:

  • Strategising: Developing a tailored strategy that aligns with the client’s objectives and the specific circumstances of the case.
  • Negotiating: Engaging in negotiations with the opposing party, potentially leading to a resolution without the need for court intervention.
  • Compliance and enforcement: Advising clients on complying with the terms of the injunction and taking action in case of breaches.

Want to learn more about seeking and obtaining an injunction? Contact Mander Hadley’s Civil Disputes team today and speak to one of our experts.

Lorraine Walker

Solicitor – litigation and dispute resolution

Prior to qualifying as a solicitor, I worked within the education sector as a senior leader in a secondary school.