Commercial Injunctions are a useful tool to protect assets against potential losses. By taking out an injunction, you can prevent third parties from taking certain actions – known as Prohibitory Injunctions – or compel them to take a specific action, which is known as a Mandatory Injunction.
Prohibitory Injunctions are a particularly useful way to protect your financial interests, as they compel all third parties with notice of the injunction. Failure to comply can be deemed as contempt of court, and may be punished by seizure of assets, fines, or even imprisonment.
A Commercial Injunction should not be frivolous. You will be asked to produce an ‘undertaking in damages’ which promises to compensate any affected third parties, if it is later shown that your injunction was served incorrectly. For this and other reasons, it is essential to seek professional legal advice before serving a Prohibitory or Mandatory Injunction.
Lanyon Bowdler have a long and successful track record of working on Commercial Injunctions, from our offices in Shropshire, Herefordshire and North Wales. Our clients can be found nationwide, not only in our main areas of operation in North Wales, the West Midlands and the Marches, but also the length and breadth of England and Wales.
To benefit from our commercial legal advice, which is both Lexcel Accredited and consistently rated by Chambers UK and the Legal 500 for our high standards of customer care, contact Lanyon Bowdler today and we can discuss the circumstances of your case.
Freezing Assets
Freezing Orders can put an immediate halt to a third party’s handling of assets, including physical assets and money. For example, you could use a Freezing Order to restrict the sale of a property, or to prevent funds from being transferred to a different account or out of the country.
Restraining Orders
Restraining Orders can ban third parties from making contact either in person or via long-distance communications including emails, telephone and social media. Usually a Restraining Order is issued at the end of criminal proceedings, in the event of a conviction; however, where there is reasonable proof of imminent threat, a Temporary Restraining Order can be granted upfront as a form of Prohibitory Injunction.
Restraint of Trade
A Restraint of Trade Injunction is normally used to protect trade secrets, for example by prohibiting a senior employee from working for a direct, local competitor for a specified period after resigning. The courts tend to examine each Restraint of Trade Order on its own merits, so it’s essential to get expert legal advice before attempting to enforce this kind of injunction.
Show More