An injunction is an order of the court requiring a party to do or to refrain from doing a given act. Interim injunction applications can be made where a particular harm is continuing and needs to be stopped immediately, before the outcome of a court hearing to determine the issue.
Injunctions are fairly unique in that they are one of the few instances in which you are looking to stop someone (or an entity) from doing a specified act as opposed to being compensated by way of money damages. Damages will be inappropriate if
- The harm is serious and likely to continue
- The harm is irreparable
- The harm is difficult to assess or cannot be quantified in financial terms
- The respondent has no means of paying damages
Common examples of instructions we receive might relate to a problem you are having with a person, such as a neighbour or a family member. You may be experiencing issues with a new development being built near your home in which case your issue would be with the developer and/or the council. You may often deal in goods from overseas and may have issues with retrieving stock or threats to sell the stock to someone else. There are many situations and circumstances which give rise to a potential injunctive relief application and Oakwood Solicitors can help you with this.
Injunctions do not come without their risks. The Judge has a discretion to allow or not allow the injunction, he or she does not have to allow the injunction to be permanent. The Judge will attach great weight to your evidence and to the respondent’s evidence and will ultimately base a decision on the facts of each case. How your case is presented in court is crucial to determining the outcome and procedurally there can be no room left for error.
Oakwood Solicitors can offer wide ranging advice on injunctions and although the majority are far from straightforward, Oakwood Solicitors will make the process clear and outline the legal costs associated with making such an application at the outset, allowing you to make an informed decision.
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