An injunction is an order of the court requiring a party to do a certain act, or more commonly, refrain from doing a certain act.
An application for an interim injunction can be made with or without notice to the party on the receiving end. Before making an injunction, the court must be satisfied that there is a serious issue to be tried and that damages would not be an adequate remedy. The interim injunction lasts until after final judgment has been given at a hearing.
Injunctions are strictly enforced and most contain a penal notice. The effect of this notice can be committal to prison for contempt if the individual named on the order breaches the injunction. Where someone aids and abets a person to commit a breach, the court has jurisdiction to commit that person for contempt as well.
Whether you wish to injunct another party or are on the receiving end of application for an injunction, we can assist. We have a broad range of experience in the following areas:
• Freezing Orders
• Restraint of Trade
• Restrictive Covenants
• Search and seizure orders
• Nuisance and trespass
• Specific Performance
• Restraining sale of land or property
• Restraining winding up petitions
Injunctions are an emergency remedy which the courts take very seriously and as such, the rules surrounding them are complex and must be followed to the letter. We can provide you with the specialist help you need when applying for or defending yourself against an injunction application.