Injunctions

What is an injunction?

In some situations, urgent legal action is needed to protect your rights or assets. For example, you may need to prevent an insolvent company from disposing of property or funds before a judgment is enforced. In such cases, you can apply to the court for an injunction. This is a court order that can either prevent an individual or business from taking certain actions or require them to perform a specific act.

If the injunction is breached, the court can impose serious penalties including asset seizure, fines, or imprisonment.

Types of injunctions

There are a range of injunctions which are used in different situations and circumstances, the most common types including:

Asset freezing injunctions (or a ‘freezing order’), a court order that will restrain an individual or a company from removing assets from the jurisdiction, or otherwise disposing of them. Freezing injunctions can be domestic or worldwide
Passport impounding orders, or orders impounding any other documents that restrict a person’s movement
Injunctions prohibiting unauthorised building works on land or property
Injunctions in favour of landlords, prohibiting unauthorised use of premises
Delivery up orders compelling an individual or a company to deliver up goods, documents, data or any personal items belonging to you (e.g. jewellery or pets) or your business.

When can you apply for an injunction?

You can apply for an injunction if you need to protect your business, property, or personal interests.

Common scenarios include:

Stopping a third party from disposing of assets to avoid enforcement action
Preventing unauthorised building works on land or property
Protecting the use of premises as a landlord
Recovering goods, documents, or personal items
Preventing a third party from selling, distributing or copying infringing materials

Here to help

Our specialist teams can provide full service legal advice and assistance, providing practical and cost-effective solutions.

Make a call Make an enquiry

How long does an injunction take?

An injunction can be obtained within 24 hours if the situation warrants an urgent application. If not, an injunction can usually be obtained within a couple of weeks depending on a range of different factors such as the complexity of the claim.

Who pays for an injunction?

Ultimately the court has jurisdiction to determine who is to pay costs. Traditionally, if the injunction is successful the successful applicant will recover their costs.

Get in touch with our experts

If you are facing a situation where an injunction may be necessary, it is important to act quickly and seek expert guidance. Our experienced team of solicitors can provide clear, practical advice tailored to your circumstances and help you navigate the court process with confidence.

Get in touch with our specialists today to discuss your case and find out how we can help you protect your rights and assets.

Injunctions FAQs

Can I apply for an injunction without a solicitor?

It is possible, however we would recommend advice is sought from a solicitor before applying for an injunction, as the process can be complex, particularly with freezing injunctions. A solicitor will help guide you through these complexities and gain a full understanding.

How long does a freezing order last?

The length of a freezing order would be circumstantial. They are typically granted as interim measures and remain in effect until a hearing has been listed. It will then be considered whether the injunction should continue, or be discharged.

What happens if someone breaches an injunction?

A breach of an injunction is a serious offence and a party can be subject to contempt of court proceedings, resulting in fines or even imprisonment.

Can an injunction be temporary or permanent?

An injunction can be both temporary or permanent. The Court will take into account factors including the risk of harm, the balance of convenience and whether it is proportionate to grant such order.

Can a business apply for an injunction on behalf of its directors?

A business may apply for an injunction on behalf of its directors in certain scenarios. It would need to be considered whose rights are being protected and if the company is directly affected by the wrongdoing.

Does an injunction apply automatically across the UK?

No, an injunction does not automatically apply across the UK, unless specified in the order. A party may be required to apply for enforcement in other jurisdictions, such as Scotland or Northern Ireland.

Can social media or online activity be restricted by an injunction?

Injunctions may restrict social media or online activity if it is appropriate to do so and the terms of the order specifically prohibit such conduct.

Is it possible to challenge or vary an existing injunction?

Yes, it is possible for a party to challenge or vary an injunction, provided that there has been a material change in circumstances. An injunction may also be subject to appeal and if successful, it may be discharged.