What is an Injunction? | Stanton Black
An injunction is a legally binding court order in the United Kingdom that requires an individual, business, or organisation to either take a specific action or refrain from doing something. At Stanton Black, we regularly guide clients on obtaining urgent injunctions where immediate legal intervention is required to prevent harm, protect assets, or enforce legal rights. Injunctions are particularly important in situations where financial compensation alone would not provide an adequate remedy, such as cases involving fraud, breach of contract, misuse of confidential information, or reputational damage.
Injunctions are widely used in civil and commercial litigation in the UK and are granted at the discretion of the court. The court will assess whether there is a serious legal issue to be tried, whether damages would be insufficient, and whether granting the injunction is just and proportionate in the circumstances. As such, injunctive relief provides a powerful and immediate legal remedy in urgent and high-risk situations.
Injunctions generally fall into two broad categories.
Prohibitory injunctions prevent a party from carrying out a specific act, such as breaching a contract, disclosing confidential information, or continuing unlawful conduct.
In contrast, mandatory injunctions require a party to take positive action, such as returning misappropriated assets or undoing a wrongful act. Mandatory injunctions are typically more difficult to obtain, as they require the court to compel active compliance.
There are several types of injunctions commonly used in the UK legal system.
A freezing injunction (also known as an asset freezing order) prevents a defendant from disposing of or dissipating assets before a claim is resolved. These are frequently used in fraud and commercial disputes and can apply to assets both within and outside the UK.
A springboard injunction is designed to prevent a party from gaining an unfair competitive advantage, often in employment disputes involving misuse of confidential information or breach of restrictive covenants.
A privacy injunction restricts the publication or disclosure of sensitive or confidential information and is commonly used in defamation and data protection cases.
A proprietary injunction protects assets where ownership is disputed, preventing a defendant from dealing with property, funds, or shares belonging to the claimant.
Disclosure orders may be used alongside injunctions to compel the production of documents or information, particularly in cases involving fraud or asset tracing. In more serious cases, the court may grant a search order, allowing legal representatives to enter premises to secure evidence that may otherwise be destroyed.
Beyond these, the courts may grant other forms of injunctive relief depending on the circumstances, including quia timet injunctions (to prevent anticipated harm), non-molestation orders (to protect individuals from harassment), and restraining orders in appropriate cases.
In a corporate and commercial context, injunctions are a critical tool for protecting business interests. At Stanton Black, we frequently act for companies seeking injunctions to prevent the misuse of confidential information, enforce non-compete clauses, protect intellectual property rights, or freeze assets in cases of suspected fraud. Injunctions can also be used to prevent the dissipation of cryptocurrency assets, stop unlawful winding-up petitions, or protect shareholder interests during disputes.
The benefits of obtaining an injunction are significant. They provide immediate protection against harm, safeguard valuable assets, and strengthen a party’s legal position in ongoing disputes. Injunctions also enable businesses to act proactively, preventing damage before it escalates and ensuring compliance with contractual and legal obligations.
Obtaining an injunction requires careful preparation and strong evidence. The process typically begins with filing a formal application with the court, supported by detailed witness evidence explaining the urgency and necessity of the order. In urgent cases, applications can be made without notice to the other party. The court will then consider the application at a hearing, assessing the evidence and determining whether the legal test is satisfied. Applicants are usually required to provide an undertaking in damages, meaning they agree to compensate the other party if it is later found that the injunction should not have been granted.
Once granted, an injunction must be properly served in accordance with court rules. Failure to comply with an injunction is treated as contempt of court, which can result in serious consequences, including fines, asset seizure, or imprisonment. The courts take breaches very seriously, and enforcement action can be taken swiftly.
When deciding whether to grant an injunction, UK courts apply established legal principles. The applicant must demonstrate that there is a serious issue to be tried, that damages would not be an adequate remedy, and that the balance of convenience favours granting the injunction. These principles ensure that injunctions are granted only where it is fair, proportionate, and necessary to do so.
If you are subject to an injunction, it is essential to seek immediate legal advice. Injunctions can be challenged on several grounds, including lack of merit in the underlying claim, absence of risk, overbreadth of the order, or failure by the applicant to disclose material facts.
Injunctions may be interim (temporary), final (granted after trial), or time-limited depending on the circumstances. Interim injunctions are commonly used to preserve the status quo until the court can make a final determination, while final injunctions provide long-term resolution of the dispute.
Injunction Orders – FAQs | Stanton Black
How much does an injunction cost in the UK?
The cost of obtaining an injunction varies depending on the complexity, urgency, and type of application. Urgent applications, particularly without notice injunctions, may incur higher legal costs due to the intensive preparation required. At Stanton Black, we provide clear cost guidance at the outset.
How can I get an injunction quickly?
An injunction can be obtained urgently by making a without notice application to the court, supported by strong evidence demonstrating immediate risk of harm. Specialist legal advice is essential to maximise the chances of success.
Can you get an injunction without going to court?
No. An injunction is a court order and must be granted by the court. However, in urgent cases, the application can be made without notifying the other party initially.
What happens at an injunction hearing?
At the hearing, the judge will consider the evidence and legal arguments from both parties (if present) and decide whether the legal test for granting an injunction is satisfied.
Are injunctions public record in the UK?
Most injunctions are part of the public court record, although in certain cases, such as privacy injunctions, reporting restrictions may apply.
Can an injunction be overturned or appealed?
Yes. An injunction can be challenged, varied, or discharged by applying to the court. Appeals may also be possible depending on the circumstances.
What happens if someone breaches an injunction?
Breaching an injunction is contempt of court and can lead to serious penalties, including fines, seizure of assets, or imprisonment.
Contact Stanton Black
If you require urgent advice on obtaining or defending an injunction, Stanton Black provide expert legal support across all areas of injunction law, commercial litigation, and asset protection in the UK.
We offer rapid case assessment, strategic legal advice, and strong court representation to protect your position and achieve the best possible outcome.
Injunction Solicitors UK | Freezing Orders & Urgent Court Orders | Stanton Black