Injunctions.

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Injunctions.

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.

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Key Contact

Andrew Pegg heads our Dispute Resolution Team, he acts for a wide range of clients from individuals to national and multi-national companies advising on a wide variety of disputed matters including contracts, negligence, nuisance, insolvency, land and judicial review. Particular sectors include manufacturing, construction and agriculture as well as professional negligence. Recent instructions include a multi-million pound dispute regarding manufacturing machinery and a complex contractual dispute regarding a long and ambiguous supply chain.

Andrew Pegg
Partner
Commercial Dispute Resolution | Disputes & Court Claims
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Understanding Commercial Injunctions

Commercial Injunctions should always have their basis in some legitimate threat to your business. For example, orders to prevent the publication of defamation should demonstrate a likely loss of earnings or a quantifiable damage to your reputation, brand perception or the goodwill of your customers. Often it is the immediacy of this threat that requires the use of a Business Injunction at all, as they are a fast and legally binding way to prevent or compel a course of action.

At Lanyon Bowdler we understand that our clients’ claims and cases are driven by commercial concerns first and foremost. At all times we work to protect your business interests against avoidable losses and unnecessary risks – balancing the risks of action against those of inaction where necessary.

We combine this with a transparent fee structure, so you always know what you will pay for our services. Where we can reclaim any costs from third parties, we will do so. In the case of Commercial Injunctions, we will also act to protect you against any future compensation claims, by preparing your injunction request to the courts as robustly as possible.

Our Injunction Expertise

If you require an injunction to settle a business dispute, our Commercial Injunction Solicitors are here to help.

Why Use Lanyon Bowdler for Commercial Injunctions?

We pride ourselves on the quality of our legal advice, and of our service to our clients, something we have been consistently recognised for by Chambers UK and the Legal 500. The Lexcel Accredited mark provides further peace of mind that when you appoint Lanyon Bowdler, you will benefit from the highest standards of customer service and practice management.

For long-term clients, we aim to integrate closely with your own in-house team, so that you can get seamless commercial legal services when you need them, from names and faces you recognise as if they were part of your team. We aim to become an integral part of your organisation, so that you can be confident we will always be there whether you need to serve a Business Injunction or take some other legal action against a commercial third party.

Our main areas of operation are the Marches, West Midlands and North Wales, with offices across those regions; however, we take cases for clients throughout England and Wales, and always aim to bring the same high level of local knowledge to every commercial dispute and Commercial Injunction that we work on.

Lanyon Bowdler’s Approach to Injunctions

When you appoint Lanyon Bowdler to advise on a Commercial Injunction, we will make sure we understand all the details of your case. This allows us to give you an honest assessment of whether an injunction is the most appropriate way to proceed, or whether there are alternative ways to enforce your Intellectual Property rights, contracts of employment and other legal entitlements.

In some cases, it may be best to approach the relevant party before going to court. Alternative Dispute Resolution (ADR) including methods like Commercial Mediation can resolve some cases quickly, without the need for court action. Of course, this is only suitable if there is no excess risk involved with making the other party aware of your intents, and we can help you to decide whether the benefits of ADR outweigh any such risks in your case.

If court action is considered the best way to proceed, you still have the decision of whether or not to notify the third party upfront, or only when you serve the court’s injunction on them. This is not always a simple matter of personal preference; it can have a material impact on the legality of the injunction and the potential future costs involved.

No matter how you choose to proceed, we will give you the best possible legal advice from start to finish, to make sure you are fully aware of any risks and potential costs, and to prevent the courts from ‘watering down’ the terms of the injunction you are seeking. This gives the best possible outcome for you, our client, in every case regardless of the unique terms and circumstances involved.

Your Injunction questions answered

Why Are Commercial Injunctions Important?

Commercial Injunctions serve a variety of purposes. Mandatory Injunctions can compel a third party to undertake a specific action, for example:

● Disclosure Orders to find and disclose requested documents.
● Freezing Orders to stop assets or money from being moved or disposed of.
● Search Orders to find and seize evidence in danger of being destroyed.

Prohibitory Injunctions, meanwhile, can bring an immediate halt to a course of action that threatens financial loss or reputational damage to your brand:

● Impending publication of defamatory material.
● Infringement of copyright and intellectual property rights.
● Shareholder and director disputes.

A Commercial Injunction should not be tactical, in the sense that you should not attempt to take out an injunction to threaten or harass a third party. However, when there is a real risk of loss – especially when that threat is imminent – an injunction can be the fastest and most effective way to prevent a third party from completing a planned course of action.

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What our clients say.

From the first contact, the team at Lanyon Bowdler gave a fast & efficient service. They were very friendly & gave me the confidence that I had found the right solicitors. The advice given & the fast responses were beyond my expectations. The matter was resolved in no time at all.

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Since dealing with Lanyon Bowdler they have been diligent, efficient and at all times very helpful along with being structured in dealing with matters, fees and clarity on all levels. Thank you.

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I was clearly informed of progress step by step. The service you provided was very good.

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Good service provided throughout with clear communication throughout with all options explored.

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Great Service; Lanyon Bowdler were excellent from the outset. Straightforward and easy process. I just sat back and waited.

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Everything has been professional, efficient and courteous throughout and we are very pleased, both with the service and with the eventual outcome of our case. Everything was first class and exceeded our expectations. Thank you again for providing such splendid service. It is really appreciated.

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Llanfyllin

Enquire About an Injunction Today

If you are facing potentially fraudulent or defamatory action by a third party, or any action you think will damage your brand financially, a Commercial Injunction could be the fastest and most cost-effective way to prevent that action from proceeding.

Equally if you have fallen victim to malicious action, a Prohibitory Injunction may be the solution to prevent individuals from transferring or disposing of assets and finances, or erasing important evidence including computer hard drives, memory cards and USB sticks, and other electronic or paper records.

Whatever you are facing, Lanyon Bowdler’s Commercial Dispute Lawyers are here to help by initially deciding whether an injunction is the correct legal tool for your unique circumstances, and if so, by building a robust case to present to the court when requesting your injunction. This not only improves your chances of an injunction being granted; it also reduces the risk that the court will dilute the terms of your injunction, or that you will be asked to compensate third parties later on.

Lanyon Bowdler can handle cases of all sizes, anywhere in England and Wales. We pride ourselves on our local knowledge in all parts of the two countries, and on the strength of our reputation in North Wales, Herefordshire and Shropshire in particular. We have offices in Shrewsbury, Bromyard, Conwy, Hereford, Ludlow, Oswestry, and Telford, allowing us to act for clients throughout Shropshire, Herefordshire, Mid and North Wales. Our wealth of experience makes us one of the leading firms of Commercial Injunction Solicitors in Birmingham, Wolverhampton, and Worcester.

To enquire about an injunction today, fill in our online contact form or call us by telephone to discuss your case immediately. In either event, we will let you know what information we need in order to advise you on Commercial Injunctions and ADR – and all enquiries are handled with absolute privacy so that there is no immediate risk to your public reputation.

Our people

Meet the team.

Andrew Pegg
Partner
Commercial Dispute Resolution | Disputes & Court Claims
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Brian Evans
Partner
Management Team | Agriculture
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Claire Yardley
Partner
Commercial Dispute Resolution | Disputes & Court Claims
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Jasmin Begum
Solicitor
Commercial Dispute Resolution | Disputes & Court Claims
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John Cox
Senior Associate Solicitor
Commercial Dispute Resolution | Disputes & Court Claims
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Katie Baker
Senior Associate Solicitor
Commercial Dispute Resolution | Disputes & Court Claims
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