Injunctions

An Injuntion is a Court order by which a party is required to perform, or is restrained from performing, a particular act. The main types of Injunctions are as follows:

Interim Injunction: An Interim Injunction is a temporary Injunction. An Interim Injunction is granted ex-parte. which means that the application is made by one party only and the other affected party are not notified in advance about the application. An Interim Injunction would only be granted by a court in a situation of great urgency.

Interlocutary Injunction: This Injunction is also temporary in nature. If an Injunction is granted at this point it is temporary and it lasts until the final determination of the proceedings between the parties. The opposing party is advised in advance of the application for an Interlocutory Injunction.

Perpetual Injunction: A Perpetual Injunction is granted at the conclusion of a trial once the substantive matter has been determined. In essence an Injunction is a Court Order which exists usually in either a prohibitory or mandatory format. This means that it prohibits a party carrying out certain acts or in the alternative it compels a party to perform certain acts.

Mareva Injunction A Mareva Injunction is used when it is anticipated that one party may attempt to remove assets from the jurisdiction thereby negating the effect of any judgment obtained by the other party. The effect of a Mareva Injunction is to freeze the assets of the party against whom the injunction is made. Injunctions are on of the most successful types of litigated action in that they allow a Plaintiff's solicitor to bring a matter before the Courts in a timely and expedient fashion where otherwise it might take several months for a case to come to full hearing.