Injunctions Legal advice on injunctions from solicitor in Milton Keynes

It may be necessary to move quickly to protect your business, in which case an application can be made for an interim injunction. This will remain in place until a dispute is resolved, either by negotiation or by order of the court. It can stop unwanted action while the main issue is decided and if the matter goes to court, the interim injunction may be made permanent.

At Heald Solicitors in Milton Keynes, we can advise you as to whether an injunction is the best course of action to safeguard your business interests. If it is, we will put together a strong case for the court, setting out the reasons that you need the injunction together with supporting evidence. This is crucial, as an injunction is a serious step, which the court will not issue unless it is persuaded that there is a case to answer.

When is an injunction appropriate?

If action is being taken that is damaging to your business and you have been unable to stop it, an injunction will make it a legal requirement that the other party cease their offending activities. Breaching an injunction is serious and will result in sanctions.

Situations where an injunction may be issued include the following:

• Ongoing breach of contract;
• Infringement of intellectual property rights such as copyright, patent or trademark;
• Breach of confidential information;
• Breach of trade secrets;
• Defamation;
• To stop funds being dissipated;
• Breach of restrictive covenants in a contract;
• Shareholder disputes;
• To prevent the sale of land;
• To prevent the service of a winding-up petition.

Obtaining an injunction

The court will look at a number of points in deciding whether to grant an injunction, including the following:

• A sound legal basis for an injunction to be made, for example, evidence of the breach of a contract;
• That there is an urgency to your case and a threat to your business interests;
• An undertaking as to costs, so that the court can be sure you have the funds available to pay the defendant’s legal costs, should the injunction later be held to have been unnecessary or unwarranted;
• Full disclosure of all material facts, not just those supporting your case.

The court will also weigh up the damage that your business may suffer against the damage which might be suffered by the other party if an injunction is granted. It will further consider whether damages would be an adequate alternative.

Because of the serious implications of requesting an injunction and the risk of damage to your business if you do not, it is always advisable to speak to an expert before deciding on the right course of action.