Injunction process

To obtain an injunction, a party must typically apply to the court. They must demonstrate that there is a serious issue to be tried and that the balance of convenience favours granting an injunction. The applicant, often referred to as the claimant or the plaintiff, must provide evidence supporting their case and convince the court that the requested relief is necessary.

Once granted, an injunction imposes legally binding obligations on the parties involved. Breaching an injunction can result in severe consequences, including fines, imprisonment, or other sanctions for contempt of court. In certain circumstances, an application for injunctive relief may also be awarded on an interim basis. This will provide temporary relief until the court makes a final determination.

In the UK there are many types of injunctions, depending on the circumstances and the relief sought. These include interim injunctions, freezing orders (to preserve bank accounts or assets), search orders (to secure evidence), and anti-suit injunctions (to prevent actions in other jurisdictions). The court may also issue “super-injunctions,” which not only restrict the disclosure of specific information but also prohibit the reporting of the injunction itself.

What do injunction solicitors do?

Injunction solicitors are legal professionals who specialise in handling cases related to injunctions. Their primary role is to provide legal advice, guidance, and representation to individuals or organisations seeking or defending against injunctions.

Some of the key tasks and responsibilities of injunction solicitors include:

Legal Consultation: Injunction solicitors meet with clients to understand their specific situation. They will assess the need for an injunction and provide legal advice tailored to their circumstances.

Case Assessment: Injunction solicitors can evaluate the strength of their client’s case. This is done by reviewing evidence, examining relevant laws and precedents, and conducting legal research. They assess the likelihood of success in obtaining or defending against an injunction.

Document Preparation: Injunction solicitors assist clients in preparing the necessary legal documents, such as applications, witness statements, and supporting evidence.

Court Representation: Injunction solicitors represent their clients in court proceedings related to injunctions. They present arguments, cross-examine witnesses, and advocate for their client’s position.

Negotiation and Settlement: In some cases, dispute resolution solicitors may engage in negotiation or mediation processes to reach a settlement outside of court.

Injunction solicitors possess a deep understanding of the law surrounding injunctions and stay updated on relevant legal developments. Their expertise allows them to navigate complex legal proceedings, protect their clients’ interests, and provide effective representation in injunction-related matters.

Funding an injunction

If you are pursuing an injunction, legal costs can escalate quickly. Therefore, it is crucial that you are aware of the funding options that are available to you. Funding injunctions can be complex and will often depend on the circumstances of the case. Listed below are some of the options for funding an injunction.

• Conditional fee agreements– Conditional fee agreements (CFAs), also known as ‘no win, no fee agreements’, are a type of funding arrangement that allows individuals to pursue a claim without paying legal fees upfront. Under a no win no fee basis, the law firm agrees to take on the case and only charges a fee if the case is successful. If the case is unsuccessful, the client does not have to pay these legal fees. 

• Contingency fee agreement – Some injunction solicitors may offer to take on a case on a contingency fee basis. This means that they will only charge a fee if they are successful in securing a financial settlement or damages. The fee payable to the solicitor is usually a percentage of the amount recovered. If the injunction case is unsuccessful, the law firm will not charge a fee.
• After the event insurance– After the event (ATE) insurance is a type of insurance that can provide cover for legal costs in the event that a case is unsuccessful. This option can be particularly useful in cases where the outcome is uncertain, and the costs of losing a case could be significant. ATE insurance is often used with conditional fee agreements.
• Third party litigation funding– In some cases, third party litigation funders may be willing to provide funding for a case in exchange for a percentage of any financial settlement or damages awarded. This option can be attractive for individuals who cannot afford to pay for legal fees themselves but have a strong case.

How can Annecto Legal assist?

At Annecto Legal, our professional advisors assist clients in finding the right legal guidance and funding for injunctions. Having specialist injunction solicitors and being fully funded gives you that strength and forces your opponent to the negotiating table.

If you are looking to apply for an injunction, please contact us today. We can help find you the right representation, as well as managing your financial risks and sourcing funding for your legal fees.