An injunction is a Court Order which requires a person (or company) to do, or not do, a particular act. Such Orders are given where monetary damages are not sufficient, for example because the loss caused by the action complained of is incalculable.

The first step is to establish a case with a strong likelihood of success. This will involve the preparation of detailed evidence and witness statements. The Court will then balance the inconvenience and damage to both parties of the effect of the Order. Normally, that balance will lean towards the preservation of the status quo.

Injunctions can either be perpetual - which means that they end the matter - or interlocutory - which means that they preserve the position pending trial.

Ordinarily, the applicant will be required to give an undertaking to the Court to pay damages should he lose at Trial. This often takes the form of an Order that the applicant pay a specific sum into Court, which will be returned if the case is won.

Cease and Desist Orders (Don't Do That….Or Else!)

Negative orders which stop damaging action are the most usual form of injunction.

Mandatory Orders (You Have To…Or Else!)

Positive Orders are rarer. Historically, the Court would not direct the performance of a positive act. An example would be specific performance of a contractual obligation.

Freezing Orders (Mareva Injunction)

If a Defendant is (or is likely to be) transferring assets out of the jurisdiction, to avoid the enforcement of a judgment, a freezing order may be available to prevent that transfer. World-wide freezing orders can be granted in exceptional circumstances.

Search and Seize Orders (Anton Piller Injunction)

If a Defendant is likely to destroy records/documents etc, a search and seize order may be available. Because of the oppressive nature of such an Order - which authorises the Claimant to enter the Defendant's premises to inspect and take custody of items pending trial - these are only given in exceptional circumstances, where there is a very strong case and the potential damage to the Claimant is very serious, and are closely controlled by the Court.

The Claimant needs to establish clear evidence that the Defendant has the items which are to be searched for and that there is a real possibility that he will destroy them.