Injunctive relief is one of the most important avenues for the protection and enforcement of certain rights in the English legal system. The discretionary power of the English courts to grant injunctions is reserved only for those situations where no amount of damages would be an adequate remedy.
Interim injunctions can be applied for prior to the commencement of proceedings or during proceedings and are frequently used in civil fraud matters to prevent the dissipation of assets, especially where there is a risk that assets will be taken out of the jurisdiction of the English courts.
The availability and use of without notice or short notice applications allows the victims of fraud to protect assets which have been misappropriated before steps can be taken to move or hide the proceeds of a fraudulent scheme. However, the requirement for a cross-undertaking in damages by the applicant demonstrates the seriousness of the consequences where the use of injunctive relief is deemed to be premature or misconceived.
Our solicitors advise UK and international clients on all aspects of injunctive relief and the use of prohibitory and mandatory injunctions.
- Advising on the availability and suitability of different categories of injunctive relief:
- Interim and final injunctions
- Mandatory and prohibitory injunctions
- Quia timet and springboard injunctions
- Freezing injunctions and search orders
- Norwich Pharmacal orders
- Pre-action disclosure and orders for specific disclosure
- Applications without notice or on short notice
- Injunctions in the high court and county court
- Variation, appeal and discharge of an injunction
- Varying an interim injunction made by consent
- Challenging an injunction made without notice
- Appealing the refusal to grant an injunction
- Appealing the decision after a contested hearing
- Discharge of an injunction
- Enforcement of injunctions
- Injunctions and third parties
- The use of interim injunctions in international disputes
- Compliance with court orders requiring urgent action
- Responding to and challenging injunctions
- Challenging and setting aside freezing orders
- Conduct and supervision of searches made under search orders
- Barring evidence seized after execution of search orders
- Enforcing cross-undertakings as to damages