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Understanding civil injunctions

Civil injunctions are designed to prevent injustice and resolve disputes effectively. They are judicial orders enforcing a right recognised by law and can be pivotal in preventing harm or resolving civil disputes.

They are issued by a court in civil proceedings, which requires a party to either do a specific act (mandatory injunction) or to refrain from doing a specific act (prohibitory injunction).

Unlike criminal injunctions, which are related to criminal behaviour and are enforced by the police, civil injunctions are concerned with civil rights and are enforced through the civil courts.

Why are civil injunctions ordered?

Civil injunctions are used for a variety of reasons, including but not limited to:

Preventing anticipated breaches of contract
Stopping ongoing nuisances or trespass
Protecting an individual’s privacy or preventing the publication of defamatory material
Safeguarding assets from being wrongly disposed of

They are needed to provide immediate relief or to address anti-social behaviour, pending the outcome of a legal action. Without the option of an injunction, parties may suffer irreparable damage that cannot be rectified by compensation.

Types of civil injunctions

There are several types of civil injunctions, each serving a different legal need.

Interim injunctions

These are temporary measures to protect a party’s interests until a full court hearing can determine the issue. They are crucial for preventing harm that could occur if immediate action is not taken.

Final injunctions

Granted as part of a court’s final judgement, these are permanent orders that remain in effect until they are legally discharged or the conditions for their enforcement are no longer applicable.

Mandatory injunctions

These require an individual or entity to take a particular action. For example, a mandatory injunction might compel a landowner to remove an obstruction that is causing a neighbour to suffer flooding.

Prohibitory injunctions

These are orders that prevent a party from doing something, such as infringing on intellectual property rights or engaging in anti-competitive practices.

How to apply for a civil injunction

The process to apply for a civil injunction typically involves several steps. Initially, the appropriate type of injunction must be determined for the particular situation you are in. You must then ensure that you have a legal basis for the application. The next step is to complete the relevant forms, which include a claim form and a witness statement supporting the claim, providing evidence, and detailing why the injunction is necessary.

The applicant must then submit these forms to the court, along with the appropriate fee. In urgent cases, it is possible to apply for an injunction without notifying the other party, but the court will require a strong justification for this approach. If the court grants an interim injunction, a date will be set for a full hearing where both parties can present their case.

Responding to a civil injunction order

If you are served with a civil injunction order, the first step should be to read the order carefully, understanding exactly what is required of you and the timeline for compliance. Ignoring an injunction can lead to serious legal consequences, including contempt of court, which may result in fines or imprisonment.

Cost implications

The cost of obtaining an injunction can vary widely depending on the complexity of the case and the length of the legal proceedings. Costs may include court fees, solicitor, and barrister fees, and potentially the costs of the opposing party if the injunction is challenged or if the case is lost.

At the time of an interim injunction being ordered, it must, unless the court orders otherwise, contain an undertaking by the applicant to the court to pay any damages which the respondent sustains which the court the applicant should pay so as to compensate the respondent for any losses should it be later determined that an interim injunction had been wrongly granted.

It is important to consider the potential costs carefully and to seek legal advice before proceeding with an application for an injunction.

Our professional legal support in this matter will be invaluable to help you, given the potentially significant consequences of a civil injunction. Contact us today for expert guidance.