I have/my company has an injunctions issue
An injunction is a court order requiring a business or an individual to do or stop doing a certain act. If you want to protect confidential information or copyright, prevent damage to your reputation, prevent nuisance or trespass, safeguard your personal or business interests or prevent dissipation of assets, you may want to consider applying for an injunction.
Before making an application, you need to be satisfied that an injunction is a suitable remedy for your problem and that, strategically speaking, it is a sound move. When used properly, an injunction can enable you to nip an issue in the bud and bring a dispute to an end quickly. Injunctions can be granted before you have even begun court proceedings if the matter is urgent or it is necessary in the interests of justice. If the court grants you an injunction and it is disobeyed, the wrongdoer can be imprisoned, fined or have their assets seized.
The team at Vardags are experienced in providing focused and commercial advice to clients on the risks and consequences of pursuing this remedy. We can also help you if you are on the receiving end of an injunction and want to protect your position.
How can Vardags help?
A winding-up petition is an attempt to have a company compulsorily put into liquidation by the court. A winding-up petition can have a devastating effect on a company’s business. Usually, banks will shut down the company’s bank accounts and there may be long-term damage to the company’s creditworthiness. The company’s reputation can also suffer if customers and suppliers get wind of insolvency proceedings.
It is therefore vital to seek injunctive relief if you suspect that a creditor or other party intends to present a winding-up petition. At Vardags, we can help you act fast to prevent damage to your business.
If you have already been served with a winding-up petition, we can help you apply for an injunction to prevent the petition from being advertised in the London Gazette. This should stop the majority of your customers and suppliers from finding out about the petition. The company or individual who has presented the winding-up petition must wait for 7 days after serving the petition on you before advertising it. This gives you an excellent opportunity to seek an injunction, so if you have been given a winding-up petition in the last 7 days, you should call us urgently.
If you are involved in divorce proceedings and you have concerns that your partner may sell property and other assets, Vardags’ experienced team can help you make an application to court. An injunction can prevent your partner from disposing of property both in the UK and abroad. In effect, the injunction ‘freezes’ property, so that it is protected. We can provide swift and sensitive advice to help you act quickly, before it is too late.
If you have created copyright material, you will have copyright protection automatically without having to apply for it. Copyright is of fundamental importance to businesses, and breaches can have serious consequences. The main legal remedies available to you in this situation are damages, delivery up of the infringing material and an injunction requiring the copyright infringer to stop making further use of your material.
An interim injunction can be a very effective way of protecting your position, since the defendant is prohibited from infringing your copyright pending trial of the case. If you wish to obtain an injunction, the experienced team at Vardags can help you to gather the evidence necessary to show that you own the copyright and what commercial losses you have suffered. It is vital to act quickly, since delay in applying for an interim injunction will reduce the likelihood of the court granting one.
If you are involved in a dispute and you are worried that your opponent is going to destroy documents or property that are needed as evidence, a search order will allow you to get into their home or workplace to search it and then take the evidence away for safekeeping. Search orders are often granted in support of intellectual property claims such as copyright issues, but they can also be obtained in cases of fraud, shareholders’ disputes, breach of confidence and even matrimonial proceedings.
An application for a search order is made in secret, without giving notice to your opponent. As a result, these orders can be very difficult to get. Vardags are best placed to help you to assess the merits of your case and gather proof to show that important evidence will be found at your opponent’s home or workplace. We will advise you on the risks and benefits of making an application to court and work with you to develop a strategy that best protects your interests.
If you are worried that your opponent is about to get rid of valuable property or money so that you cannot get justice, you can apply to court to stop this happening. If the court considers that you have a good, arguable case, it may grant you a freezing injunction. This is an interim order that ‘freezes’ your opponent’s assets so that they cannot dispose of or use them until the main dispute is resolved. ‘Assets’ can include bank accounts, land, motor vehicles, shares, bonds and other financial instruments. If it is money you are concerned about, copies of the injunction can be sent to your opponent’s bank so that they can only withdraw such funds as are needed to cover reasonable living expenses.
A freezing injunction can be a very useful strategic tool. It ensures that if your claim ultimately succeeds, your opponent will have assets against which a judgment in your favour can be enforced. As in all injunction applications, it is important to act quickly, since the court will take into account any undue delay on your part when considering whether to grant a freezing injunction. Vardags can assess the merits of your case and advise you whether a freezing injunction is an appropriate way forward and if so, help you to gather the evidence you will need to make an application to court.
If you are being harassed by somebody or you are a victim of nuisance or trespass, you may in a position to apply to court for an injunction to stop this behaviour from continuing. Injunctions can be granted in a wide range of cases, from incidents of antisocial behaviour and housing-related nuisance to bullying on social media and even fly-tipping. Whether such an application is appropriate to your case will depend on your circumstances and the nature of the behaviour in question. Vardags can assist you in examining the options available to you and advising you on the best course of action to help you resolve the problem.
Employees seeking to use your confidential information, set up a rival business or poach your clients or staff can pose a serious threat to your business. Post-termination restrictions, known as restrictive covenants, are designed to prevent employees from carrying on these kinds of activities. If you are concerned that one of your employees or former employees is breaching their restrictive covenants, you may want to apply for an injunction to curb the potential damage to your business.
Injunctions are suitable in cases where allowing the employee to continue their actions would have such an adverse effect on your business that your losses could not be adequately compensated by damages awarded at trial. There are two stages to the injunction procedure. Firstly, the court will hold a hearing to decide whether to grant an interim injunction. This is a temporary measure to prohibit the employee from breaching their restrictive covenants until the matter is heard at a full hearing. At the full hearing, the court will make a permanent decision and the interim injunction may be made final.
At Vardags, we will work with you to protect your business interests, weighing up the options available to you and conducting a cost-benefit analysis to determine how best to resolve the issue.
If you have been served with an injunction, you should contact us immediately to obtain legal advice. You must be very careful not to do anything that might breach the injunction, as this is generally punishable as contempt of court and could lead to you being imprisoned. You should also make sure you preserve any evidence that might be relevant to your case.
The experienced team at Vardags can advise you as to the best strategic response for your specific circumstances. Acting quickly and responding in an appropriate manner is crucial, and having expert advice from Vardags can help you avoid potentially very damaging ramifications.