In certain types of commercial disputes it may be necessary to consider pursuing some form of injunctive relief. An injunction may be necessary where urgent court intervention is required to prevent harm that cannot easily be undone. Injunctions are often urgent and time-critical.
Delay can undermine your position and reduce the likelihood of obtaining relief. Early legal advice ensures evidence is preserved, the correct procedure is followed, and swift action is taken to protect your rights and prevent irreversible commercial harm.
What is an injunction?
An injunction is a court order requiring a person or business to do something, or to stop doing something. It is a form of equitable relief used to prevent harm or to protect legal rights where financial compensation alone would not be sufficient. In commercial disputes injunctions are often used to restrain breaches of contract, prevent misuse of confidential information, protect intellectual property, preserve assets, or require the return of property.
Injunctions may be granted on an interim basis (pending a full trial) or as a final order following judgment. Because they are discretionary remedies, the court will only grant an injunction where specific legal criteria are satisfied.
What are the main types of injunctive relief?
There are a wide range of injunctive relief options which will largely depend upon the nature of the dispute and these will include:
- Prohibitory injunctions – Restrains a party from taking certain action. It is commonly used to prevent ongoing breaches of contract, misuse of confidential information, unlawful competition, or other wrongful conduct. Prohibitory relief may be granted on an interim or final basis
- Mandatory injunctions – Require a party to take positive steps, such as complying with a contractual obligation, removing unlawful works, or reversing the effects of a wrongful act. Because they compel action rather than restrain it, courts apply a particularly careful approach
- Freezing injunctions – Are a specialised form of interim prohibitory injunction, a freezing order prevents a party from dissipating or disposing of assets pending the outcome of proceedings, ensuring assets remain available to satisfy any judgment
- Search orders – Permit entry to premises (subject to strict safeguards) to preserve evidence that might otherwise be destroyed, often in cases involving fraud or intellectual property infringement
- Delivery up orders – Requires a party to hand over specific property, documents, or materials — such as confidential information or infringing goods — either on an interim basis or as a final remedy
- Final (permanent) injunctions – following trial, the court may grant a final injunction where a legal right has been established and damages would not provide adequate protection.
How we can help
We act swiftly and strategically to protect our clients’ assets and commercial interests.
Our team has considerable experience of handling complex, high-value and cross-border freezing injunction applications. We assess whether an injunction (and what type) is appropriate as part of your wider litigation strategy. Not every case justifies urgent injunctive relief, and we provide clear, commercial advice on risks, costs and likely outcomes.
We have the expertise and resources to move quickly to:
- Advise you on the merits of all types of injunctive relief
- Assist you with gathering and preserving evidence
- Prepare detailed witness statements with supporting documents
- Prepare all relevant paperwork for the court
- Instruct specialist barristers and forensic accountants and/or IT experts as may be necessary
- Represent you in any High Court proceedings.
