An injunction is a court order and can be granted as either an interim or interlocutory order (which is granted pending another hearing or the full trial) or final remedy. There are two types of injunction:
• Mandatory, which means that the party specified in the order has to do a certain act
• Prohibitory, which means that the party must refrain from doing a certain act
Vardags are highly experienced in dealing with all matters relating to company injunctions. Vardags offer strategic and geared advice to ensure the best and most suitable outcome for you and your business. We understand that your time is precious and will take all reasonable steps to ensure that your management time in dealing with your matter is used in the most efficient and effective way.
There are a range of orders that can be granted that:• Restrict how assets are used, known as freezing injunctions • Allow the claimant to search and seize items on a person’s property• Require the respondent to give details of the location of an asset• Require that property is delivered to the claimant• Require the respondent to reveal the location of property or assets• Are used in relation to insolvency law
The applicant is able to apply for the injunction:(a) On notice which means that the other side will be notified about the application hearing(b) Without notice which means that the other side is not notified about the hearing and cannot be present. The applicant will need to present very strong reasons why this should be granted
These used to be known as Mareva Injunctions and they prevent a party from disposing of assets or dealing with them in any way including hiding them or diminishing their value. The purpose of this order is to protect the assets until the case is finalised. The order has to state the maximum assets that are covered by the freezing order- it cannot be open-ended. These orders also generally only cover assets located in the England and Wales.
It is possible to apply for an injunction once court proceedings have commenced or before they have started in cases where it is in the interest of justice to do so, for example because evidence may be destroyed or funds dissipated. The court has to decide that it would be just and reasonable to grant the injunction. The granting of injunctions is discretionary and will depend on the individual facts of each case
This is taken very seriously by the courts and breaches of injunctions can result in being found guilty of contempt of court that can result in various penalties including a fine, imprisonment or the confiscation of assets.
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.
We offer a free consultation to qualifying individuals. Please call our confidential enquiry line on 020 7404 9390. Lines are staffed 24 hours.
When you contact us a member of our client relations team will take the full details of your situation, assess whether we can assist you, and if so, determine the best team for your case.
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