How our commercial injunction solicitors can help
Injunctions can undeniably be complex and time-consuming. Our team of commercial injunction solicitors are on hand to help make the process run as smoothly as possible. Below are just some of the ways our team can help:
Assess the case | Our commercial injunction solicitors can assess the urgency of your case to determine whether an injunction is the best course of action. In urgent cases, a solicitor might suggest an interim injunction to prevent further harm from being done. |
Preparing the application | Solicitors play a key role in preparing the application to give it the best chance of succeeding. Our team can help you gather evidence of fraud or IP infringement, interview and draft witness statements, and represent you in court by presenting your case and legal argument to the court. |
Negotiating with the other party | Not every business dispute needs to be resolved in court. Your solicitors may be able to negotiate with the opposing party to resolve the issue directly or use a form of alternative dispute resolution, such as mediation to reach a compromise. |
Defending against an injunction | As well as applying for an injunction and representing claimants in court, our solicitors can help businesses defend against unjustified injunctions, including challenging the validity of the application and seeking to have the injunction removed. |
Why choose Lawhive to apply for an injunction
Getting legal help shouldn't be difficult. We have a network of commercial solicitors on hand to help. We'll pair you up with the best solicitor for your case so you can get tailored, personal legal advice. Here are a few reasons why our customers prefer Lawhive:
Expertise in commercial injunctions: Lawhive offers personalised legal advice to your business, developing strategies that best meet your needs in urgent legal matters. Our team are experts in injunctions and can create a solution that's right for you.
Fast, legal support: We aim to connect you with a commercial injunction solicitor in just 48 hours. But we're often even quicker than that.
Cost-efficient solutions: On average, using Lawhive can be up to 50% cheaper than a traditional law firm. We also provide fixed fee and no obligation quotes, so there are no unwanted surprises.
Costs and solicitor fees involved
Applying for an injunction will have different legal fees depending on the complexity of the case. However, below we’ve summarised the typical fees you might expect:
Legal fees for applying: Businesses will need to pay to engage a commercial injunction solicitor. This includes court fees to make the application, solicitor fees for advice and representation, and the potential cost of damages.
Costs of defending an injunction: To defend against an injunction application, potential costs might include solicitor fees to make a case and the costs involved in recovering legal costs if the injunction is found to be unjustified.
Types of commercial injunctions
Commercial injunctions are a type of emergency court order. The court can order a party to start taking an action or stop a harmful action. There are different types of commercial injunction available, and which one will suit your business depends on your circumstances.
Interim injunctions
This form of injunction is a temporary court order used to prevent a party from taking certain actions until a full hearing takes place. They are commonly used in urgent cases where delays could cause irreparable harm. Interim injunctions may be used in the following situations:
Intellectual property rights - to prevent the continued unlawful use of trademarks, copyrights or other IP
Trade secrets - to prevent the unlawful use of trade secrets
Breach of contract - to force compliance with a contract
Freezing orders
Freezing orders are used to prevent a party from disposing of or dealing with assets, typically used in cases involving suspected fraud or where there is a risk of assets being moved to avoid the enforcement of a judgment. They can be used to ensure a debtor pays fines or damages after enforcement, rather than concealing their assets. Freezing orders can also make it more difficult for a defendant to flee a jurisdiction to avoid legal proceedings.
Mandatory injunctions
Mandatory injunctions require a party to take specific actions such as returning stolen goods or fulfilling a contractual obligation. They are often used when one party will be harmed unless the injunction is granted and if the claimant’s case is likely to be found in favour of at trial.
Prohibitory injunctions
This type of injunction prevents a party from taking a particular action. Typically, they prevent a business from taking actions that would breach a contract, or reveal sensitive information that could cause harm to another business. Courts can grant probatory injunctions when:
The applicant has acted improperly
The issue is serious and worthy of trial
Damages are not appropriate to fix the issue
Final injunctions
Final or perpetual injunctions prevent parties from taking a specific action permanently. They can enforce a business’s rights and prevent future harm at the end of a trial.
When to apply for a commercial injunction
Injunctions are a powerful commercial resolution tool that businesses can use in times of crisis. You may consider applying for an injunction for several different reasons:
Urgency and risk of harm: Businesses can apply for an injunction when they are at risk of serious harm that cannot be remedied by damages alone. Examples might include a breach of contract that threatens financial stability or intellectual property infringement causing a loss of market share.
Preserving the status quo: Injunctions can also be used to maintain the status quo during a legal battle. They can be used to prevent one party from taking actions that could worsen the situation while a full legal resolution is sought, including the disposal of assets, making public statements and using a trademark that infringes on another’s IP for example.
Risk of asset disposal: Freezing orders are commonly used in fraud cases to prevent a party from transferring assets to avoid enforcement of an upcoming judgment.
How to apply for a commercial injunction
Now you understand the different types of injunctions and when they are used, you'll have a good idea of the type of injunction that suits your requirements. There is a specific process you’ll need to follow if you wish to apply for a commercial injunction.
1. Preliminary steps
The first step is to assess the legal grounds. Commercial injunction solicitors can help businesses assess whether their case qualifies for an injunction, which type would be suitable for their needs, whether the harm is serious, how much damages would be inadequate, and the strength of the legal claim.
2. File the application
The next step is to apply for an injunction. Different elements of an application include:
Gathering evidence supporting the claim
Preparing a witness statement detailing the harm or potential harm
Making the legal arguments showing why an injunction is necessary
3. The court hearing
After the application has been received and a court hearing is set, the court will sit to decide whether to grant an injunction, considering the urgency of the matter, the balance of convenience between the parties, and the likelihood of the applicant’s success at trial.
The balance of convenience is an important issue, the court weighs up the inconvenience or damage done to the applicant versus the cost or inconvenience to the respondent in deciding whether to grant an injunction.
4. Undertaking in damages
When applying for an injunction, there is a requirement for the applicant to give an undertaking to pay damages if the injunction is later found to have been wrongly granted, protecting the respondent from financial harm.
5. Enforcing the injunction
Once an injunction is granted, it can be enforced through the courts. Penalties for non-compliance include fines, asset seizure, imprisonment or contempt of court.