If you need urgent help to protect your business interests then it may be necessary to apply for an injunction. This might be the case where your intellectual property rights are being infringed, a competitor is making unfair use of your confidential information, your reputation is being unjustifiably tarnished, you need access to documents before deciding whether to issue legal proceedings or someone who owes you money is deliberately depleting their assets to avoid paying what is due.
What is an injunction?
An injunction is a court order which either prohibits certain actions being taken (a prohibitory injunction) or compels certain actions to be carried out (a mandatory injunction). They are a useful tool where you are in dispute with someone and you urgently need them to do or stop doing something to prevent your business being irreversibly harmed.
What types of injunction do IMD Solicitors deal with?
Our experienced dispute resolution lawyers can help you to apply for or defend any type of prohibitory or mandatory injunction, including:
- freezing injunctions prohibiting assets being disposed of or dealt with, inclusive of worldwide freezing orders attaching to assets spread across the globe and which need to be put in place as soon as possible, particularly in large international disputes;
- search orders compelling access to be given to premises for the purpose of searching for and retrieving documents, information or property;
- privacy injunctions prohibiting the publication of private or confidential information, including super injunctions preventing publication of the fact a privacy injunction has been obtained;
- springboard injunctions preventing a former employee from gaining unfair advantage in a competing business venture through the misuse of confidential information or some other unlawful activity;
- pre-action disclosure orders requiring the advance disclosure of documents likely to be relevant to proposed legal proceedings; and
- third party injunctions compelling someone connected to your opponent to hand over documents or to refrain from effecting a transfer of opponent-owned assets or funds in order to preserve these for your use and benefit.
Why choose IMD Solicitors?
Our team of dispute resolution solicitors have an impressive track record in securing injunctions for UK-based businesses and international companies with a UK presence. We also have an excellent track record in defending injunctions where your business is unfortunate enough to be on the receiving end of an injunction request.
Our advice takes account not just of your immediate needs but also your longer term commercial objectives.
We have offices in London, Birmingham and Manchester as well as a number of trusted partners across the whole of Europe staffed by dedicated professionals on standby to secure you an emergency remedy where this is required.
We are particularly skilled in securing injunctions in the context of:
- shareholder disputes;
- director’s disputes;
- contractual disputes;
- supplier disputes;
- customer disputes;
- competition and antitrust disputes;
- defamation and media disputes;
- intellectual property disputes; and
- debt recovery disputes/
Once the dust has settled, it is also reassuring to know that we can continue to advise you on any other legal requirements you may have, including:
- corporate and commercial law matters;
- regulatory issues and business crime;
- employment law;
- business immigration;
- commercial property;
- debt collection; and
- corporate insolvency.
List of notable dispute resolution cases
- Multi-jurisdictional dispute involving international consortium of corporate shareholders of a Saudi oil and gas subsidiary, involving allegations of fraud and breaches of contractual obligations. Liquidation of the subsidiary was sought by a proportion of shareholders. Settlement was reached between all and liquidation successfully prevented.
- Dual-jurisdictional dispute involving essentially a battle between conglomerate of companies, with proceedings lodged with various courts across two jurisdictions involving complex jurisdictional and commercial matters.
- Claim against international plc involving defending allegations of fraud. Concluded successfully and saved the Client from insolvency.
- Acting for a Claimant in a dispute with a global payment processing institution, involving misconduct allegations and challenge to jurisdiction. Case settled at over 80% of the amount claimed despite initial arguments and denial by the institution.
- Defended a breach of contract claim involving a cross-border supply of goods. Using strong defence arguments but preserving our client’s commercial position, we managed to resolve the matter through a reduction of the main claim by 75% and potential costs liability by 80%.
- Acted for a construction company in a claim to recover an unpaid contractual fees. Judgment in favour of the Client secured a trial despite little documentary evidence available and relying mostly on witness evidence.
- Represented a company Director in a successfully defended claim involving allegations of fraud and breach of fiduciary duties
- Acting for a claimant in a construction dispute. The matter proceeded to trial where the Claimant successfully obtained a judgement for the full amount.
- Acting for a defendant who failed to file a defence and had default judgement entered against him prior to instructing our firm. The judgement was set aside and eventually the value of the claim was reduced by 75%.
- Acting for a creditor in a reported High Court case relating to enforcement of a foreign judgement in the UK. Successfully defended an application by a debtor to declare the judgement unenforceable.
- Regularly acting for a group of companies dealing with medical equipment manufacturing and worldwide distribution. Assisting with both contentious and non-contentious cases ranging from commercial and employment to GDPR compliance.
- Represented a Client in a complex shareholders’ dispute concluded by the way of agreement and voluntary liquidation of the company.
- Acting for the UK based construction company in a dispute with a contractors. Settled the claim for circa. 90% of the amount originally claimed.
- Pursuing a claim against a firm of solicitors who have provided our client with negligent advice. Successful recovery of circa 80% of the loss incurred.
- Acting for a large meat supplier in a dispute with the distributor arising due to faulty product being introduced earlier in the supply chain.
- Successfully defending a client from committal to prison, in a private prosecution brought by the insurers of a third party following a road traffic collision.
- Acting in a dispute with the main contractor on a construction project. Successfully recovered our client’s losses incurred as a result of the main contractor and successfully defended all counterclaims that were brought against our client.
- Acting for an investor in a dispute with a trading company. Successfully obtained a judgment for the sums deducted from the client’s account by the trading company.
- Acting for a landlord in possession proceedings. Successfully obtained a court order for possession and evicted the tenant using the court appointed bailiff.
- Acting for a claimant in a Professional Negligence matter, successfully settling the case before trial.
To discuss your requirements, please contact Olexandr Kyrychenko on 0330 107 0106 .
Senior Consultant Solicitor