Injunctions are simply Orders of the Court which tell a person what they may, and just as importantly, what they must not do. The most common are perhaps domestic violence injunctions which are dealt with separately.
Civil Injunctions are extreme measures. They are a discretionary remedy which are not granted by a court as of right. The court has to be satisfied that an injunction is appropriate and necessary under the given set of circumstances.
An injunction can be ordered without serving notice of application on the other party. This will however involve the Applicant in giving an undertaking to the Court to pay the Respondent’s costs if the application is ill founded and you lose the case. Sometimes, rather than make an injunction Order, the Court will accept an Undertaking from the Respondent. As breach would be a contempt of Court, imprisonment would result if the undertaking was broken. Certain injunctions are only available from the High Court.
A power of arrest can and often will be attached to an injunction. If an Injunction is not complied with, it will be necessary to return to Court in Committal Proceedings, and ask for the Respondent to be committed to prison.
Bertie’s Legal Tips:-
- The court will always ask before making an injunction whether an award of damages is a more suitable remedy
- If an injunction is made without notice to the respondent it will be short term and last only until notice has been served and the matter can come back before the court.
- There is a duty of full and frank disclosure when applying for an injunction.
- Delay in applying will reduce the prospects for obtaining an injunction.