An injunction is a Court Order requiring a party to either refrain from undertaking certain activity or to carry out a particular act(s).

The Court Order may be either Interlocutory or Final and may be granted ‘…in all cases in which it appears to the court to be just and convenient to do so’ (Beddow v Beddow 1878).

Where an Injunction has been granted by the Court without prior Notice having been given to the person against whom it is directed, that person is entitled to apply to the court for the Injunction to be set aside, or other relief.

The civil litigation team at award winning Kangs Solicitors is well versed in assisting clients who either require to protect their interests by seeking a Court Injunction or who have been served with injunctive proceedings which they wish to oppose.

We are here to assist you with these issues and our team can be contacted for confidential and discrete advice as follows:

Civil Procedure Rules | Kangs Civil Disputes Solicitors

The Civil Procedure Rules (‘CPR’) provide:

  • CPR 3.3 –  the Court has the power to make an Order of its initiative and
  • CPR 3.1(5) (a) and (b) state that, when this is done:
    • a party affected by the Order may apply to have it set aside,
    • the Order must contain a statement of the right to make such an application.

A Without Notice Injunction | Kangs Interim Injunction Solicitors

An Interim Injunction may be granted by a Court following a ‘Without Notice’ Application if there is a good reason for not giving the Respondent any notice, such as the urgency of the issue involved.

When considering an Application, the court must exercise its discretion in accordance with the considerations laid down by Lord Diplock in the case of American Cyanamid Co v Ethicom Ltd [1975] AC 396 being:

  • is there a serious issue to be tried?
  • would damages be an adequate remedy?
  • where does the balance of convenience lay?
  • are there any other special factors?

Upon the grant of an Interim Injunction, the Court will issue a ‘Return Date’ at which the Respondent is entitled to oppose the Injunction.

The ‘Return Date’ is usually within fourteen days of the granting of the Injunction.

At this Hearing the Respondent may:             

  • seek to have the Injunction discharged
  • seek to vary the terms of the Injunction
  • agree to the continuation of the Injunction until trial or further Order in respect of the substantive claim being pursued by the Applicant.

Who Can I Contact For Help? | Kangs Freezing Injunctions Solicitors

Our Civil Litigation Team guides and assists clients engaged in civil litigation disputes of every conceivable nature, including actions involving Injunctive Proceedings and Financial Freezing Orders.

We welcome enquiries by telephone or email.

We provide an initial no obligation consultation from our offices in London, Birmingham and Manchester.

Alternatively, we provide initial consultations by telephone or video conferencing.

If we can be of assistance please do not hesitate to contact our team through any of the following:

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

Stuart Southall
ssouthall@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888

Tim Thompson
tthompson@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888