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In litigation, a court injunction is a very powerful tool. But, what is an injunction, and how do you get one? This recent article outlines everything you need to know.
For more information, please visit our litigation page or call our solicitors directly on 020 3007 5500
What is an injunction?
In simple terms, an injunction is a civil court order that orders one or more parties to carry out or refrain from doing a specific act or acts.
An injunction is a protective measure to preserve or prevent the loss of an asset, protect someone against personal harm, prevent loss or damage to reputation and safeguard business or personal interest. Some of the most common examples include:
- Domestic violence – The two most common forms of domestic violence orders are non-molestation orders and occupation orders.
- Publication – Prevents someone from posting public content about you.
- Property – Prevents the defendant from selling, transferring or destroying your property.
- Search order – This order gives someone access to another party’s home or workplace. The purpose of granting this access is for the party to search the premises and recover any evidence that may be important to another case involving both parties.
- Housing – The Local Authority may apply for an order against council tenants to prevent them from conducting particular behaviour.
- Preventing someone from leaving the country – If someone owes you money, you can apply to the court to prevent them from leaving the country. If the court grants this order, the leaving party must pay a deposit to the court, which is a large enough sum to confirm their return.
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How do you get an injunction?
To get an injunction, you will need to make a formal application to the civil court. To make this application, you will need the following:
- A completed N16A form
- Relevant grounds to bring the claim
- A witness statement or affidavit including material facts for the court’s consideration together with the evidence in support.
There are two ways in which the application can be made. The first is ‘with notice’ to the respondent and the second is ‘without notice’.
If the application is made ‘with notice’, the respondent is told when the hearing will be and the court will listen to the arguments of both parties. The court will then either grant or refuse the injunction.
If the application is made ‘without notice’, the applicant will ask the court to make an order on an interim basis. Sometimes this is dealt with on paper and other times the court will list an urgent hearing. The respondent is not told about the application or when the first hearing is scheduled for. In the case of a hearing, the applicant will be seen by a judge and make their arguments.
If the judge is persuaded to make an order, they will grant an interim injunction and list a ‘return hearing’. At the return hearing, the court will listen to the arguments of both parties and decide whether to make the interim injunction a ‘final injunction’.
Making an application is a complicated procedure. Therefore, our solicitors always advise you to seek help from an experienced professional. Our solicitors will ensure you complete the application correctly and have the best possible chance of being successful.
What are the two different types of injunctions?
There are two main categories of injunctions. Most examples will fall under one of these categories. These categories are:
Prohibitory injunctions.
This type of injunction orders a party to refrain from doing a particular act or acts.
An example is a court order that prevents a party from posting content on social media platforms about the other party.
Mandatory injunctions.
This type of injunction is a court order that requires a party to do something.
An example is the court ordering the defendant to pay the claimant compensation for any loss faced.
How long does an injunction last?
An injunction can be both interim and final.
An interim injunction is a protective measure the judge will grant to protect the applicant until the final hearing. Therefore, it only lasts for a few days or weeks, depending on how long it takes to schedule the return hearing.
In the return hearing, the judge can grant a final injunction. Depending on the circumstances, the duration will usually be one to two years. However, in more extreme circumstances, it can last indefinitely.
Remember...
If your injunction is about to end, don’t worry. You can apply to the court to get an extension.
What if the injunction is breached?
Breaching an injunction is a serious crime and not taken lightly by the courts.
In a circumstance where there is a breach, the court can hold them in contempt of court and punish the party with fines and, in extreme cases, imprisonment.
Why should I consult your litigation solicitors?
Applying for an injunction can quickly become a complicated and expensive process. That is why we highly recommend consulting an experienced litigation solicitor with your injunction matter.
At Britton and Time, our solicitors will outline your legal standpoint and help serve your application to the court. To get into contact with us, call us on 020 3007 5500 or visit our contact page.
May i ask opinion regarding the case they file against us with the case of mandatory injunction with damages. They refer to the century old gate that is change due to its damages.
Alhamdulillah am certified
Can medical reasons remove a prohibitory injunction?
At my home town there’s a company called Ghana oil palm company at kwae are using excavator to digging trench at the hoel town
Property intentionally (removed kitchen cabinets toilet shouwer walls removed stove frig. Demolish 25 of the inside. Of the residential home to avoided of a sub lease when notice was given that the other was turning in the keys and was moving with out the exparation of the lease the agent new about the sublease seen the payment were made separate at the asigned location i paid the full amoubt of rent mine and the money owed since the person desided not to pay the rent owed when he moved out instead of continuing the agreement after excepting the 1000. Dollars agent called police and request for removal of the tenant than after being told it was a civil manner not to do any ellegal lock outs after ficers left . Ignored the orders enter and removed the tenant from the house and boatded the home remived nail doors a boarded windows aftwr atro was granted i return to the house and discovered it conplete ly desrltroy . Can i request for a injuction r to prevent future violatings
A court has awarded costs against me in a county court case where dominant land owner successfully claimed I interfered with his agricultural right of way across my land (servient) which was subject to a Tomlin Order. He wanted the Tomlin Order set aside because he said it wasn’t working. He lost this case but won an injunction against me. Surely I should pay his costs only in the case if the injunction and not for his failed attempt to set the Tomlin Order aside. I was defending in person
Hi Carol, thank you for your comment. Our client care team are going to reach out to discuss your matter further.
If a business files a injunction against the sheriff’s office, can that business operate until the injunction is granted?
Hello Mick. Thank you for comment. If you’re seeking legal advice relevant to England and Wales, please feel free to give us a call on 020 3007 5500 or email us info@brittontime to discuss your case further.