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If you need to take urgent measures to safeguard company assets, you’ll need to obtain a commercial injunction, which refers to a type of court order. Failing to quickly pursue an injunction puts your company at risk of financial losses.
A commercial injunction is used to avert damaging actions by other individuals and companies. Applying for an injunction helps you to protect your business interests in the event of a dispute.
At Roythornes, our commercial injunctions solicitors have extensive experience handling injunctions cases. With our expertise and knowledge, we’ll protect your company, ensuring there are no delays throughout the injunction process.
Types of commercial injunctions with which we can assist:
- Prohibitory injunctions (preventing a certain action from being carried out)
- Mandatory injunctions (requiring a certain action to be carried out)
- Search orders
- Freezing orders
Our commercial injunctions solicitors understand the investment that goes into a business and we appreciate that it’s a huge concern when your company assets are put at risk. Rest assured, we can offer expert, practical and sensitive advice to swiftly guide you through the commercial injunctions processes.
We can also offer legal support for businesses that’ve had commercial injunctions served against them.
Commercial injunctions cases are time sensitive, which is why we’ll help you to act quickly, securing your livelihood and avoiding expensive setbacks. Roythornes can provide intelligent and transparent advice, offering you the legal security you need to keep on thriving as a business.
How we can help
Prohibitory injunctions
A prohibitory injunction is used by businesses, to legally prevent another party from carrying out a certain action. For instance, a company may need to shield sensitive information and avoid potential contract breaches. The court will grant a prohibitory injunction if it is believed that:
- The applicant has not acted improperly.
- The issue present is serious and worthy of a trial.
- Damages would not be an appropriate way to fix the dispute.
Mandatory injunctions
Mandatory injunctions can be used to force an individual or business to conduct a particular act (or several acts). In the majority of cases, the court will opt for a prohibitory injunction before granting a mandatory one. Under certain circumstances, a mandatory injunction may be more appropriate, for example:
- One party will come to severe harm unless the injunction is granted.
- The applicant will likely achieve a favourable outcome at trial.
Search orders
Search orders are used to search for and seize evidence. A search order can include searching electronic devices and computers, as well as physical premises.
Freezing orders
Freezing orders are used to prevent assets or money from being concealed, sold or removed from the country. Freezing orders are served on the concerned party, banks, and other appropriate institutions.
How do commercial injunctions work?
What are the common types of commercial injunction cases?
There are many reasons why commercial injunction cases arise. Businesses may need to obtain a commercial injunction to:
- Prevent infringement of business property rights, for example, trademark, copyright, patent and other intellectual property issues
- Safeguard confidential and sensitive business information
- Protect yourself from employment law breaches
- Provide legal protection in the event of company disputes
- Stop defamatory materials from being published (causing damage to your reputation)
- Prevent staff members from competing with the business
- Guide business conduct in a crisis situation
How to obtain a commercial injunction?
To apply for a commercial injunction, you’ll need to begin with a strong injunction claim. There are two different routes to secure an injunction:
On notice
An on-notice application means that your business is applying for a commercial injunction and the other party has been informed.
Without notice
If you apply for a commercial injunction without notice, this means that the defendant has not been told about the injunction application. Businesses and individuals can only apply for an injunction without notice if there is a valid reason that notice cannot be given, for example, in the instance of fraud.
Roythornes can support you through the entire process, whether you’re pursuing an on notice or without notice commercial injunction. If you’re not sure which type is most appropriate, our commercial injunctions solicitors can provide legal guidance to suit your circumstances.
How much does it cost to obtain an injunction?
The costs involved with obtaining a commercial injunction largely depend on the case itself. Several factors will affect the associated injunction expenses, including:
- How many witnesses are part of the case
- How urgently the application is required
- Whether the application is without notice or on notice
Applying for a commercial injunction can be expensive but, for many businesses, it becomes their only option to protect their assets. Despite any necessary circumstances, unless you have legal support, there are several financial risks.
What are the financial risks of obtaining a commercial injunction?
When you apply for an injunction, you’ll need to provide an ‘undertaking in damages’. What this means is, if the injunction turns out to be unjustly served, you will be liable for financial losses experienced by the defendant.
If the injunction fails, you may also be responsible for the other party's legal expenses.
Our commercial injunction lawyers are incredibly experienced in a range of complex injunctions cases. With our legal guidance, you can take the best route to obtaining an injunction and avoid losing both money and time.
The procedure for obtaining a commercial injunction
First, an application must be made to the Court, including an application notice. The application notice should state:
- The order that the applicant is pursuing
- Reasons why the individual or business is seeking this order
- A time, place and date for the hearing (if there will be a hearing)
Applications for commercial injunctions should be supported with evidence. Usually, evidence is provided as an affidavit or as a witness statement. Any information included as evidence needs to be correctly verified.
Defending an injunction order
If your company has been served a commercial injunction order, you must follow the actions outlined in the order. It’s also crucial that you get legal support right away to plan your options and your defence.
At Roythornes Solicitors, our commercial injunctions solicitors can check whether the other party has obtained the injunction using the correct legal steps. If any errors have been made, your company may be entitled to claim damages.
If you disagree with the injunction served against you, our commercial injunction solicitors can guide you through the process to have the injunction set aside. Injunction orders often include penalty orders, so you must follow the directions of the order even if you disagree with the claims made.
Get in touch with our dispute resolution solicitors
For further information about our dispute resolution services, get in touch with our team in Alconbury, Birmingham, Nottingham, Peterborough or Spalding.
