Injunctions

 

What is an injunction?

An injunction is a court order that prevents a person from doing something (negative injunction) or orders them to do something (positive). In order for the court to grant an injunction, a claimant must prove that their legal rights are being infringed or will be infringed by the action of the defendant.

There are a number of different injunctions. These include:

  • Interim injunctions - granted by the court for the duration of the court proceedings until the final hearing where the matter is finally resolved. Freezing orders are a type of interim injunction
  • Final or perpetual injunctions – granted by the court when the rights of the parties have been finalised. The injunction is granted ‘in perpetuity’
  • Mandatory injunctions – Require a defendant to take positive steps to reverse the damage caused by their actions

When are injunctions used?

  • Family law proceedings - Injunctions are used in cases of domestic violence to prevent one party from harassing or coming into contact with the other. They can also be used to stop one parent from moving a child to a new location or out of the country
  • Privacy law cases – Prominent individuals such as celebrities or high-profile sportspeople usually apply for injunctions to prevent newspapers from printing details about their private lives
  • Defamation – Injunctions are granted in defamation cases to prevent allegedly libellous material form being repeated until the outcome of the claim is determined
  • Intellectual property claims – Injunctions are used to prevent trademark or copyright infringement

Superinjunctions

Superinjunctons go one step further than a normal injunction. They can narrowly be defined as a court order prohibiting its existence from being revealed and that grant anonymity to the parties involved. Often used in privacy law cases, superinjunctions not only order one party to do or not to do something, they also prevent the parties from disclosing the existence of the injunction.

Civil litigation solicitors can help

In order for an injunction to be effective, it needs to obtained as soon as possible.  A civil litigation solicitor can advise their client on their options and apply for an injunction from the court on their behalf.

Contact Law works with civil litigation solicitors solicitors throughout the UK - call us on 0800 1777 162 to talk to one of our advisors.

Quick enquiry form
Area of law:
Name:
Town/City:
Email:
Phone:

More information:

Contact Law supports the endeavours of STAE and commends all the work they are undertaking to assist in the plight of the Asian Elephant

 

We use cookies on the Contact Law site to help us improve it.

If you would like to allow our cookies, please click 'Continue' or carry on browsing. For more information on cookies and how to change your settings, click 'More info'.