Injunctions

What is an injunction?

An injunction is a civil court order that forbids someone from doing something and forces them to do something. For example, in the realm of media law, injunctions are frequently given to prohibit the publishing of private, secret, defamatory, or erroneous material. They also have the authority to order the removal of internet content. Injunctions have also been awarded more frequently in recent years to prevent harassment. Disobeying an injunction can result in contempt of court, resulting in the offender being imprisoned, fined, or having their assets seized.

How can I apply for an injunction?

The courts do not give injunctions lightly. They are severe measures. Anyone seeking an injunction must do the following:

1. Have a solid legal claim (for the misappropriation of private information, breach of confidence, violation of the General Data Protection Regulation (‘GDPR’)/Data Protection Act 2018, harassment, defamation, or intentional lie).
2. You must be able to persuade the court that an injunction is needed to prevent other misconduct (or to correct wrongdoing).
3. Be willing to fund a claim (i.e. pay their attorneys) through to trial, with most of the expense frontloaded if an interim injunction is sought. Typically, £10-15,000 is required right away.
4. Confirm that the defendant will be able to pay any costs in order or accept the possibility that they will not be able to recover their legal expenses.

Unfortunately, an injunction does not serve as a “standalone remedy.” It would be best if you still sued the defendant. However, at the outset of the lawsuit, the court may issue an interim injunction. Cases frequently settle at this point (or a default judgement can be obtained if the defendant does not participate in the proceedings), but this should never be assumed. The expense of taking a claim to trial can be considerable, and if you lose or drop a claim, you will usually be required to pay your opponent’s legal fees as well. As a result, getting an injunction entails a significant financial investment as well as some financial risk. It is not a decision to be made on a whim or just based on conviction.

What is an interim injunction?

An interim injunction is a temporary injunction that (usually) lasts until trial (generally around a year after a claim has been issued). If the lawsuit is successful at trial, the court has the authority to issue a permanent injunction. A permanent injunction will not be obtained unless and until the suit is successful.

Interim injunctions for pure defamation claims are extremely unusual since “the rule of prior restraint” typically forbids them when a responder expects to defend a claim at trial. However, when temporary injunctions are available, defamation claims frequently overlap with other claims.

What will the court consider in deciding whether to grant an interim injunction?

In all circumstances, the court must be convinced that there is a good arguable claim and that an injunction is required. In publication instances, the Court must be convinced that an injunction will be issued after trial. In harassment proceedings, the Court analyses the “balance of convenience” by evaluating the anticipated damage to the applicant if an injunction is not granted vs the inconvenience to the applicant if one is presented. An injunction is a discretionary remedy; ultimately, convincing the court is the objective.

Can I seek an urgent injunction?

Yes, depending on the situation. The defendant is generally given three clear days’ notice under the Civil Procedure Rules. This gives them time to prepare their defence and hire lawyers. However, if the case is urgent, an interim injunction can be requested ‘without notice’ or ‘ex parte,’ sometimes even outside regular business hours or on the weekend. For example, this might be the case for an impending publication or revelation, such as if something is about to be revealed in the Sunday papers. With an urgent injunction, there will always be a second hearing a week or so later (a “return date”), so the court may consider whether the interim injunction should remain in effect after the respondent has had the opportunity to obtain legal counsel.