Applying for an Injunction Order

Injunctions are court orders that can be utilised to prevent harm or safeguard the rights of individuals or businesses.

Injunctions are frequently sought in :-

• Corporate disputes between shareholders or directors involving asset stripping or information theft

• Employee competition cases where senior staff take confidential information or clients

• Intellectual property disputes to prevent ongoing infringement or loss of rights

• Fraud cases

Prohibitory injunctions

A prohibitory injunction stops someone from doing something . Examples include :-

• Misuse of confidential information - stopping unauthorised use of trade secrets

• Intellectual property infringement - halting counterfeit sales or patent violations

• Employee competition violations - enforcing restrictive covenants against former staff.

Mandatory injunction

A mandatory injunction requires someone to actively do something such as :-

• Return property or data - compel return of misappropriated assets

• Specific performance - an order to comply with contractual obligations where damages are inadequate.

Third Party Orders

Orders against banks or other third parties holding assets or information. Commonly used alongside freezing orders to make them effective. Can require disclosure of account details or prevent asset transfers.

Freezing injunctions

A freezing injunction is a provisional order that prohibits a party from disposing of or dealing with their assets. It is a valuable strategic tool that can help to ensure that a defendant retains assets that can be enforced against if the claim is ultimately successful.

Injunctions to Search Premises for Assets or Evidence

A search order is a type of mandatory provisional order that requires a defendant to grant the claimant's representatives access to their premises to search for, duplicate, remove, and retain documents, information, or material. It is typically granted in support of intellectual property claims and other types of claims where there is a risk that evidence may be destroyed or disposed of before the trial.

It is important to carefully consider the risks before applying for an injunction, as the costs of losing an application can be significant.

Recent instructions

• Successfully represented a manufacturing business in a prohibitory springboard injunction and damages of £200,000 against a competing individual.