In legal terms an injunction is an equitable remedy which requires a party to do or refrain from doing a certain act. You must establish that the party has or will breach your legal or equitable rights or has or will behave in an unconscionable manner. If an injunction is applied for and obtained, the party who breaches the injunction will face sanctions which is usually in the form of compensation.
In practical terms, injunctions can be appropriate in various circumstances. However, the aspect which is common to all injunctions is that the party applying for the injunction must have grounds for applying for the injunction. The grounds are usually that the applying party will or may suffer loss if the injunction is not granted. If the matter is urgent an interim injunction can be applied for almost immediately.
In a commercial context reasons for obtaining injunctions include:
- Preventing a party from distributing information to another party(ies) which will detriment the businesses reputation and therefore ability to trade
- Non-performance of contracts
- Freezing assets to stop their distribution
- Intellectual property infringements
- The cost of obtaining an interim injunction or injunction will vary depending on the circumstances. However, most injunctions will cost thousands of pounds.
At McHale Muldoon we will provide you with advice on the appropriateness of an injunction in the circumstances in clear and practical manner.
If your business is at risk due to the actions of another party and you think an injunction or other steps may be appropriate, please contact our Dublin office today on 01 659 9405.