Dispute Resolution & Commercial Litigation


An injunction is a court order that describes steps an individual should or shouldn’t take regarding certain activities. There are many scenarios that require an injunction, but the most common is usually when irreparable damage can be caused.

What is an injunction?

In legal terms, an injunction is an equitable remedy that requires a party to do or refrain from doing a certain act. You must establish that the party has or will breach your legal or equitable rights, or has or will behave in an unconscionable manner. If an injunction is applied for and obtained, the party who breaches the injunction will face sanctions, which is usually in the form of compensation.

In practical terms, injunctions can be appropriate in various circumstances. However, the aspect which is common to all injunctions is that the party applying for the injunction must have grounds for applying for the injunction. These grounds are usually that the applying party will or may suffer loss if the injunction is not granted. If the matter is urgent, an interim injunction can be applied almost immediately.

Reasons for applying for an injunction

In a commercial context, reasons for obtaining injunctions include:

  • Preventing a party from distributing information to another party, which will be detrimental to the business’s reputation and ability to trade

  • Non-performance of contacts

  • Freezing assets to stop their distribution

  • Intellectual property infringements

The cost of obtaining an injunction will vary depending on the circumstances.

Contact McHale & Co

We will provide you with advice on the appropriateness of an injunction in the circumstances in a clear and practical manner. If your business is at risk due to the actions of another party, and you think an injunction or other steps may be appropriate, please contact us today on 0161 928 3848.