Interim Injunction Solicitors & Injunctive Relief

There are occasions when you need to prevent the other party from assets being dissipated, you need relief, or you will not be able to continue with proceedings or an order/judgment is not satisfied, and you need to enforce it. Relief may need to be considered at the outset before proceedings are issued or it may defeat the claim, as assets could be dissipated which will make enforcement very difficult, if not impossible.

An injunction is a form of interim relief. This may need to be obtained to the main the status quo however it should only be made if there is evidence that, if at the conclusion of the proceedings, it would render for example a property in dispute to be dissipated, and to ensure that money in the bank account or shares in a company are not transferred.

Interim relief can be made at any time during proceedings, and you do not need to be the claimant to make such an application. If you are the claimant and an application for interim relief is made at the onset of proceedings, it must be accompanied by a claim; interim relief cannot be obtained on its own.

An application can be made without notice to the other party, if advised. In this instance, the applicant will be required to give an undertaking for damages to the court and would be required to disclose equity in any property and/or provide updated bank statements. These are needed to prove that there are funds available to pay damages to the other party if the injunction should not have been granted and has affected the other party, i.e., they have suffered a loss.

There are also occasions when interim relief needs to be obtained so that it allows you to litigate the matter. For example, if you have lost your trading licence and you want to dispute its revocation, however, you need temporary approval, or you will lose your ability to litigate.

If you have obtained an interim order, final order or judgement and the other party has failed to satisfy the same, get in touch. Our specialist team will assist you in enforcing the same.

There are different types of enforcement, for example:

• Charging orders
• Third-party debt orders
• Warrant of execution
• Bankruptcy or winding up

Enforcement action can be taken on an interim order for example if a cost order is not made.

Relief, remedy and the results you are seeking should be considered at the beginning of the case. We can assist and advise you on your commercial needs and merits of the matter and whether enforcement action is appropriate. If so, our team will be on hand to assist you until the end.

Interim Remedies

Understanding the different types of injunction is essential for effective dispute resolution. An interim injunction is a temporary remedy granted by the court, often urgently, to protect the interests of the claimant until a full hearing can take place. Whether you're looking to apply for an injunction or understand the nuances of a freezing order, our team of injunction solicitors can provide the guidance you need.

Injunctions & Emergency Interim Relief

In certain situations, there's a need for urgent injunctions. These are designed to provide immediate relief in cases where waiting for a standard court process could result in irreparable harm. Our team is adept at handling such emergency situations, ensuring that your interests are protected in the most efficient manner possible.

How do KaurMaxwell Solicitors help with Interim Relief, Injunctions & Enforcement?

• Substantial Commercial Expertise: Our team has a wealth of experience in dealing with commercial disputes and understands the intricacies of various types of injunctions.
• Prohibitory and Mandatory Injunctions: Whether you need to prevent an action (prohibitory) or enforce one (mandatory), we've got you covered.
• Freezing Injunctions: Protect your assets and interests with our expertise in freezing injunctions.
• Intellectual Property Rights: Safeguard your intellectual property with our specialized services.
• Misuse of Confidential Information and Protection of Trade Secrets: Ensure your confidential information remains secure with our expert guidance.

Why Choose KaurMaxwell for Interim Relief, Injunctions & Enforcement Services?

• Expertise & Recognition: Our injunctions experts are recognised leaders in their field, offering extensive knowledge in both UK and EU intellectual property law.
• Diverse & Comprehensive Expertise: The team at KaurMaxwell brings together diverse expertise in areas such as civil and commercial litigation, property law, employment, insolvency and restructuring law.
• International Network: We collaborate with a vast international network of patent and trademark agents to meet our clients’ registration requirements globally.

At KaurMaxwell: independent law firm, we pride ourselves on our client-focused approach. Our team of dedicated injunction solicitors brings awealth of experience to the table, ensuring that your interests are always at the forefront. With our deep understanding of interim relief and injunctive relief, we provide bespoke solutions tailored to your unique needs. Our track record speaks for itself, with numerous successful cases and satisfied clients. Choose KaurMaxwell for unparalleled expertise and commitment.

Frequently Asked Questions

What is the difference between interim injunctions and permanent injunctions?

Interim injunctions are temporary measures put in place until a full hearing can be conducted, while permanent injunctions are long-term solutions resulting from the outcome of a case.

How do I apply for an urgent injunction?

To apply for an urgent injunction, you'll need to present a strong case demonstrating the immediate harm you might face without the injunction. Our team of injunction solicitors can guide you through the process.

What are the consequences of breaching an injunction?

Breaching an injunction can lead to serious legal consequences, including contempt of court charges, which can result in fines or even imprisonment.

What is injunctive relief?

Injunctive relief refers to a court-ordered remedy that requires a party to either do or refrain from doing a certain act. It is a form of equitable relief aimed at preventing harm or preserving rights before a final decision is made in a legal dispute.

What is the role of injunction solicitors?

Injunction solicitors specialise in providing legal advice and assistance in obtaining and defending against injunctions. They have expertise in the procedures and laws governing injunctions and can guide clients through the process.

What is a freezing injunction?

A freezing injunction, also known as a freezing order, is a type of injunction that prevents a party from disposing of or dealing with their assets during the course of litigation. It aims to preserve assets to ensure they are available to satisfy any potential judgement or award.

What are the different types of injunctions?

There are two main types of injunctions: prohibitory injunctions and mandatory injunctions. Prohibitory injunctions prohibit a party from doing a specific act, while mandatory injunctions require a party to do a specific act.

What is an interim injunction?

An interim injunction is a temporary injunction granted by the court before a final decision is made in a legal dispute. It is intended to provide immediate relief to prevent irreparable harm or to preserve rights pending the outcome of the case.

What is the process of applying for an injunction?

To apply for an injunction, the party seeking relief must file an application with the court detailing the circumstances of the case and the reasons why an injunction is necessary. The court will then consider the application and decide whether to grant the injunction.

What is the difference between an injunction and injunctive relief?

An injunction is a court order that grants injunctive relief. Injunctive relief is the overall concept of obtaining a court order to either compel or prevent certain actions.

When should I urgently apply for an injunction?

It is advisable to urgently apply for an injunction when there is a risk of immediate and irreparable harm if the injunction is not granted. Urgent injunction applications typically involve situations where time is of the essence.

What is the role of the court in granting an injunction?

The court must consider the circumstances of the case and determine whether it is appropriate to grant an injunction. The court will assess factors such as the likelihood of success, the balance of convenience, and whether an injunction is necessary to prevent irreparable harm.

What is the importance of giving an undertaking in injunction proceedings?

Giving an undertaking in injunction proceedings means providing a promise to the court to comply with certain conditions or rules. It is essential because it helps establish trust and demonstrates the party's commitment to abide by the court's orders.