Sometimes in disputes, it is advisable to apply to court for an injunction or injunctive relief. Put simply, an injunction is an order, made by the courts, that restricts the ability of an individual or a group to do something. Examples include prohibiting the sale of property, the publication of a statement, or access to a premises. Disobeying an injunction can cause an individual to be held in contempt of court. This comes with the possibility of a fine and/or imprisonment.
Injunctions are issued for several reasons. They are usually applied for where damages are not an adequate remedy and the balance of convenience favours granting the injunction. A rough test is that it is necessary to restrain something that cannot subsequently be cured if the injunction stopping it is not granted.
Types of injunctions
Quia timet
Quia timet (from the Latin- “because he fears”) is a type of injunction taken to prevent future wrongdoing. These are granted where it is certain that the action will occur, unless the courts intervene, and that this action would cause irreparable damage to the plaintiff.Mareva Injunction
A Mareva injunction is a type of injunction that freezes the assets of the respondent. It is only granted where the courts have deemed it strictly necessary. It is a very large intrusion of the courts on the property rights of an individual, and as such is used very sparingly. This type of injunction is usually set in place to ensure the respondent capable of paying any potential debt does not move assets beyond the reach of the jurisdiction or dissipate them to avoid repayment.Anton Piller Orders
Anton Piller Orders are a form of injunction where a party can search a premises without notice, and document evidence. These are granted when it is likely that the evidence could be destroyed or otherwise withheld. These injunctions are often used in relation to intellectual property disputes. They have become fashionable for disclosing the identity of persons behind anonymous online accounts.Injunctions in employment
During employment disputes, an injunction can be issued as a preliminary measure, or after a case has concluded. They may be used for example, to prevent the unfair dismissal of an employee or to restrict the contact of an employee who is on sick leave.How to get an injunction
As set out above, an injunction is granted by the courts in extraordinary circumstances. This is because the court ordinarily uses damages (“the payment of a sum of money”) as the default remedy in employment disputes. Injunctions are deployed where an action must be prevented in a short time frame, or where damages are not an adequate remedy.
A solicitor may apply to the courts for an application for injunctive relief at the commencement of a case. A preliminary hearing will then be scheduled where the judge will decide whether to grant a temporary injunction. They will usually only last until the full case has been heard or for a limited time frame. This is to maintain the status quo until a more permanent solution can be ordered by the Court on receipt and consideration of the full facts.
Emergency Injunctive relief applications can be made ex-parte, meaning the other party may not need to be given notice. They will usually then be invited to comment on the matter and the injunction can be affirmed or set aside.
