What Is An Injunction? Everything You Need To Know.

In litigation, a court injunction is a very powerful tool. But, what is an injunction, and how do you get one? This article outlines everything you need to know.

For more information, please visit our litigation page or call our solicitors directly on 0203 007 5500.

What is an injunction?

An injunction is a court order used to prevent harm from occurring or continuing. Unlike a claim for compensation, which seeks to remedy loss after the event, an injunction is designed to protect a person’s rights or interests before the damage becomes irreversible.

Injunctions are commonly used in commercial, employment, property and personal disputes where urgent action is needed. For example, a business may seek an injunction to prevent the misuse of confidential information, while an individual may apply for an injunction to stop harassment or interference with their property.

Broadly speaking, injunctions fall into two categories. A prohibitory injunction prevents a person from carrying out a particular action, such as disclosing confidential information or contacting another individual. A mandatory injunction, on the other hand, requires a person to take a specific action, such as returning company property, removing unlawful content or complying with a contractual obligation.

Whether an injunction will be granted depends on the circumstances of the case. The court will consider factors such as the seriousness of the harm, the strength of the underlying claim and whether financial compensation would be sufficient to resolve the issue.

Because an injunction is a court order, anyone subject to one must comply with its terms. Breaching an injunction can amount to contempt of court and may result in serious penalties, including fines, the seizure of assets or, in the most serious cases, imprisonment.

For individuals and businesses facing urgent legal issues, an injunction can be an effective way of obtaining immediate protection while a dispute is ongoing or before permanent damage occurs.

How do you get an injunction?

To get an injunction, you 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 and evidence for the court’s consideration.

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 then grants or refuses the application.

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, other times the court will list an urgent hearing. The respondent isn’t told about the application or when the first hearing is scheduled. In the case of a hearing, the applicant will present their arguments to a judge.

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 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 success.

How much does an injunction cost?

The cost of obtaining an injunction depends on the complexity of the case, the urgency of the application and whether it is contested. In addition to legal fees, court fees may also apply.

Factors that can affect the overall cost include:

• The type of injunction sought
• Whether the application is urgent
• The complexity of the dispute
• The amount of evidence required
• Whether the other party opposes the application

What are the different types of injunctions?

Different types of injunction may be sought depending on the circumstances, including:

Freezing orders

A freezing order prevents a person or business from disposing of, transferring or concealing assets while legal proceedings are ongoing. These orders are typically sought where there is a risk that assets may be moved before a judgment can be enforced.

Springboard Injunctions

Springboard injunctions are commonly used in employment and commercial disputes. They prevent a person or business from benefiting from an unfair competitive advantage gained through unlawful conduct, such as the misuse of confidential information or breaches of restrictive covenants. You can read more in our full guide on Springboard Injunctions

Non-Molestation Orders

A non-molestation order is a type of injunction used in family law to protect individuals from harassment, intimidation, threats or abusive behaviour. The order can restrict contact and prevent certain conduct towards the applicant. You can read more on our full guide to non-molestation orders

Search Orders

A search order allows evidence to be preserved where there is a genuine concern that important documents or information may be destroyed. Due to their intrusive nature, these orders are only granted in exceptional circumstances.

Occupation Orders

An occupation order regulates who can live in or access a property following the breakdown of a relationship. These orders are often used to protect an individual or child where there are concerns about safety or ongoing conflict within the home. Find out more about Occupation Orders

Proprietary Injunctions

A proprietary injunction is used to protect assets where ownership is disputed. It prevents the asset from being sold, transferred or otherwise dealt with until the court has resolved the dispute.

Privacy Injunctions

A privacy injunction prevents the publication or disclosure of private or confidential information. These orders are often sought where an individual believes that the release of information would amount to an unjustified intrusion into their private life, particularly by the media or online publishers.

What is a Super Injunction?

A super injunction is a type of privacy injunction that not only prevents the publication of certain information but also prohibits the disclosure of the existence of the injunction itself.

In practice, this means that the subject matter of the injunction cannot be reported, and neither can the fact that the injunction has been granted.

Super injunctions are relatively rare and are typically reserved for exceptional cases where disclosure would cause particularly serious harm. Due to the significant restrictions they place on freedom of expression and open justice, the courts apply careful scrutiny before granting them.

While the term “super injunction” is widely used by the media, most privacy-related applications are for standard privacy injunctions, which prevent the publication of specific information without restricting the reporting of the injunction itself.

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 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.

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 the breacher in contempt of court and punish them with fines and, in extreme cases, imprisonment.