If you are served with an injunction then it is vitally important that you follow whatever is stated in the order, but also get immediate legal advice on your case and what route should be followed.
These orders can be incredibly lengthy with reams of evidence attached. Ensuring that you have expert legal advice straight away can ensure the best outcome in your circumstances. Your lawyer will determine whether the claimant has complied with all the requirements that are necessary to obtain such an order and that they made full disclosure to the court. If this was not done, then you may have the right to receive damages. Having strong legal representation will also ensure that your rights are protected and that the claimant does not act outside of the remit of the order in a manner that it unreasonable or oppressive.
Other issues that should be considered is whether the injunction will lead to a serious loss that means that the respondent is no longer able to trade or if the injunction is being used purely to detrimentally affect the respondent’s business.
The order cannot prevent the respondent from being able to pay for ordinary living as well as business expenses so that the business can continue to operate. This will be allowed under the order, though often the provision is not enough and further applications to the claimant need to be made.
The claimant will be given a return date to go to court to ask for the injunction to be continued. This is usually after a short period of time such as a week. This hearing allows the respondent the opportunity to ask for the order to be varied or discharged. Depending on the complexity of the case, it may be that this cannot be done at the first return date and this is why expert legal advice is needed to ensure you follow the best approach.
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