There are some instances when your life presents you with a situation that a calm discussion cannot solve, and then at that point, you may require an injunction. Injunctions under UK law can ensure the protection of your rights in a quick and efficient way, whether such legal measures are needed because of a neighbor attempting to construct something on your land, a person threatening to present some of your personal information, or an ex-spouse bothering you.
The injunction is often mistaken for being applied to high-profile cases, however, it can be applied to a wide variety of day-to-day problems. In this guide, we will learn about five general situations when you may require an injunction and how it can assist you in taking control of the situation.
Injunction: Definition and Its Types
An injunction assists in safeguarding your interests and rights using a court order that prevents a certain individual from taking some action or demands that an individual act in a certain manner. These are its principal types worth knowing.
Prohibitory Injunction
This prevents one from performing an evil act, such as trespassing or publishing personal data. It is the type most often applied to property and personal disputes.
Mandatory Injunction
In contrast with prohibitory, this will need someone to do something, such as to remove something constructed illegally or to repair damage caused by them to your property.
Interim Injunction
An interim order is made before the final hearing to stop direct harm to you before the entire case is settled. In this case, it is all a question of time; the quicker the better.
Final (or Permanent) Injunction
It is awarded once the case is heard completely by the court. It fixes the situation once and for all, and it not only continues the order but also has it remain permanent unless varied subsequently.
Freezing Injunction
Applied to prevent a person from removing, concealing, or disposing of their property before the determination of a claim, especially in a divorce or debt recovery situation.
The 5 Everyday Scenarios Where You Might Need an Injunction
Property Dispute
If a neighbor unlawfully builds on your land or blocks access to it, an injunction can immediately be sought to stop him until the ownership or boundary dispute is resolved in court.
Privacy Breach
In case you are blackmailed by a person threatening to share your personal photos, messages, or confidential business information, an injunction will be swift in preventing them from publishing or disclosing anything unhealthy about you.
Harassment Protection
Being threatened, stalked, or harassed? The non-molesting injunction has been used to keep the person at bay to protect you, your household, and your family members.
Asset Freeze
A freezing injunction will help stop a defendant attempting to evade being liable to you until your claim against him has been successfully determined.
Contract Violation
If a past employee or business partner violates a non-compete or uses confidential information for their own purposes, an injunction can stop additional loss to your business or professional standing.
Why You Should Act Quickly
Evidence Freshness
The faster you operate, the more powerful and solid the evidence looks in court, which is why it is less challenging to demonstrate that the action was urgent enough and a warrant of injunction was necessary.
Prevent Damage
By intervening early enough, one can prevent irreparable damage, be it safeguarding your property, reputation, or security before the relevant other party has destroyed the same, and you cannot reverse the destruction.
Court Favour
One of the conditions set by the courts is that you are expected to act in time. The delay will make your case less compelling and may be a blow to the candidacy of getting the injunction granted.
Stop Evasion
If you delay long enough, the other party could transfer assets, complete construction, or release harmful information, rendering it much more difficult to enforce the injunction in the future.
How to Apply for an Injunction
Get Advice
Talk to an injunction solicitor. They will review your case, guide you about the available options, and help determine the best form of injunction to pursue using your case.
Gather Evidence
Obtain all possible evidence that can bolster your claim, such as photographs, email correspondence, contracts, statements from witnesses, and more. Solid evidence demonstrates to the court there’s a genuine, immediate need for them to intervene.
File Application
Your attorney completes and files the necessary court documents with supporting evidence. They’ll also prepare a concise statement of grounds for why the injunction is to be granted.
Attend Hearing
Be willing to appear in a court hearing even at short notice. So, your lawyer will discuss your case and demonstrate to the court why there should be urgent measures.
Follow Order
In case the court allows the injunction, abide by all the conditions thereof and make sure that the injunction is duly served on the other party so that it can be legally enforceable.
Conclusion
If you want to defend your rights in a short time, injunctions will be helpful. Be swift, don’t waste time, and you can have the ship just where you want it before the entire mess simply goes out of control.
