Injunctive Relief: A Comprehensive Injunctive Relief Guide

Injunctive Relief: A Comprehensive Injunctive Relief Guide

When something threatens your business, waiting for a trial isn’t always an option. Injunctive relief gives you the power to stop someone doing something or to put something right, often within hours.

 

Whether you’re seeking injunctive relief or defending against an injunction, this guide explains how it works, when it applies, and what steps to take to protect your position.

What is injunctive relief?

Injunctive relief is a type of court order that either prevents a party from doing something or requires them to take certain action. Injunctive relief can be broken down into prohibitory and mandatory injunctions:

  • Prohibitory Injunctions: Prohibits a person or organisation from doing something. For instance, using confidential information or approaching a competitor’s clients.
  • Mandatory Injunctions: Requires a party to take specific action. For example, to remove infringing material, deliver up documents, or perform a contractual obligation.

Injunctive relief is granted at the Court’s discretion where monetary damages would not be an adequate solution. 

The Court may grant an interim injunction to prevent injustice until a final decision is reached, or a permanent injunction as part of a final judgment. Both prohibitory and mandatory injunctions can be interim or permanent in nature.

When can you apply for injunctive relief?

Injunctions are often sought as part of the litigation process. You can make an application before, during, or after court proceedings, depending on the situation.

You might seek injunctive relief to:

  • Prevent harm before it occurs 
  • Preserve the status quo while a dispute is being resolved
  • Enforce rights where someone has refused to comply with an obligation
  • Compel action to remedy a breach or unlawful omission. 
Injunctive relief is only permitted where there is strong evidence that it is needed, and there is a clear legal basis to grant an injunction.

The elements of injunctive relief

Before granting injunctive relief, the Court will consider:
  • Is there a serious issue to be tried? The applicant must show a genuine legal dispute that deserves full consideration. 
  • Would damages be an adequate remedy? If financial compensation would suffice, the Court is unlikely to grant an injunction.
  • Where does the balance of convenience lie? If refusing the injunction would cause more injustice than approving it, the Court may grant it.
  • Are there any special factors? The Court may also consider public interest, delay, or the conduct of the parties.

The 8 common types of injunctive relief

There are several types of injunctions available, each serving a different purpose. Understanding these distinctions is crucial for selecting the right legal remedy to protect your interestes or prevent harm.

1. Freezing injunctions

Freezing orders prevent a party from disposing of assets, including those outside the UK, to stop a defendant emptying bank accounts, transferring property, or dissipating assets before a final judgment.

Real-life Example

In 2025, the Serious Fraud Office made its first use of new powers under the Economic Crime and Corporate Transparency Act 2023, freezing cryptocurrency assets linked to suspected criminal activity.

2. Search orders

A search and seizure order permits entry to premises to preserve evidence at risk of destruction, by an independent supervising solicitor. Because of the intrusive nature of the order, it requires strict court supervision.

3. Anti-suit injunctions

An anti-suit injunction stops someone from starting or continuing legal proceedings in another jurisdiction or forum. 

Real-life Example

In UniCredit Bank GmbH v RusChemAlliance LLC [2024], the Supreme Court upheld an anti-suit injunction restraining Russian proceedings brought in breach of a Paris-seated arbitration agreement.

The Court confirmed that the English courts have the authority to grant anti-suit injunctions to prevent parties from violating arbitration agreements, even when the arbitration is seated outside of England.

4. Springboard injunctions

A springboard injunction prevents someone from gaining an unfair advantage from their past unlawful actions. The aim isn’t to punish what has already happened, but to prevent the person from benefiting from it.

Real-life Example

The case of Forse & Others v Secarma Ltd & Others (2019) arose after nearly half of Secarma’s staff resigned to join a competitor, Xcina.

Secarma claimed the employees had secretly coordinated the move while still on its payroll, using confidential information to gain an unfair advantage. WhatsApp group chats revealed detailed plans for the coordinated move.

The Court granted a springboard injunction preventing Xcina and the former employees from poaching more staff, contacting Secarma’s clients, or competing directly in certain services.

5. Privacy injunctions

A privacy injunction stops someone from publishing or disclosing private or confidential information, protecting individuals or companies from media exposure, leaks, or breaches of confidence that could cause serious harm to their reputation, safety, or wellbeing.

6. Proprietary injunctions

A proprietary injunction preserves specific property or assets that the claimant says belong to them. This differs from a freezing injunction, which prevents a defendant from dealing with their own assets.

7. Disclosure orders

A disclosure order compels a person or organisation to reveal information or documents relevant to a dispute. These orders are often used at an early stage of proceedings – or even before a claim is issued – to help identify wrongdoers, trace assets, or gather key evidence that may otherwise be hidden.

8. Quia timet injunctions

A quia timet injunction is used when there is a real and imminent threat of harm, for example, where someone is about to breach a contract, damage property, or publish confidential information.

Real-life Example

In Canada Goose v Persons Unknown, the clothing brand obtained an interim injunction to restrict animal rights protests outside its London store.

The order targeted “persons unknown” and banned a wide range of behaviour, including blocking the entrance, filming staff or customers, shouting through loudhailers, and displaying images near the shop.

Urgent and interim injunctive relief

Sometimes, a delay of even a few hours can cause harm. As such, you can apply for injunctive relief, without giving notice to the other party. These “ex parte” applications are reserved for urgent cases, when evidence may be destroyed, assets may be moved, or confidential data may be misused.

Because the respondent is not present to defend themselves, the applicant must make full and frank disclosure of all relevant facts, even those that weaken their case. Failure to do so can result in the injunction being set aside and cost penalties being imposed.

Once granted, the order will typically be reviewed at a subsequent hearing, at which both parties will be present.

Arbitration injunctive relief

Injunctive relief can play a vital role in arbitration proceedings
  • Many arbitration clauses allow parties to apply for interim injunctive relief without breaching the arbitration agreement
  • The Arbitration Act 1996 empowers arbitral tribunals to order interim measures themselves, though enforcement may require court support
  • An anti-suit injunction may be sought to prevent a party from pursuing litigation in breach of an arbitration clause.
In practice, claimants often apply to the High Court for urgent injunctive relief pending arbitration, particularly in international commercial disputes.

What is the difference between damages and injunctive relief?

Injunctions and damages serve two different purposes:
  • Damages compensate for loss that has already occurred
  • Injunctive relief prevents future harm or compels corrective action.
In some cases, the Court may refuse injunctive relief but award damages, particularly if the harm can be quantified. A claimant may also be awarded both an injunction to stop ongoing harm and damages for past losses.

How to apply for injunctive relief

When applying for an injunction, the courts expect full compliance with procedural rules.

Below is an overview of the main steps involved:

  1. Identify Legal Grounds: Establish the precise legal grounds for the injunction. Your solicitor will advise whether an injunction is the most appropriate remedy.
  2. Supporting Evidence: Collect documents, correspondence, witness statements, or expert opinions showing there’s a serious issue to be tried and that harm will occur if the Court doesn’t act quickly.
  3. Prepare Application: Draft the application, setting out the exact terms of the injunction sought. 
  4. Court Filing: File the application at the appropriate Court. In urgent cases, you can do this outside regular hours through the Court’s emergency judge system.
  5. Attend Hearing: At the hearing, where the judge will review the evidence and decide whether to grant an interim injunction. The claimant must also give an “undertaking in damages”, promising to compensate the respondent if it later turns out the injunction was wrongly granted.
  6. Serve Injunction: Once an injunction is granted, you must promptly and correctly serve it. 
  7. Trial Proceedings: The case will then proceed to a further hearing or to trial, where the Court decides whether to make the injunction permanent.

Who can apply for injunctive relief?

Common applicants for injunctive relief include:
  • Businesses protecting confidential information or intellectual property
  • Employers enforcing restrictive covenants
  • Landlords or tenants in property disputes
  • Shareholders or directors in company disputes
  • Disputing companies, for example, those seeking injunctive relief for breach of contract
  • Consumers or individuals seeking protection from harassment or unlawful acts.
The key to a successful application is demonstrating a legitimate interest in the relief being sought and showing that other remedies would not be sufficient.

Responding to injunctive relief orders

Being served with an injunction can affect cash flow, reputation, and operations. However, prompt legal action can lead to the injunction being lifted or narrowed, allowing you to regain control while the underlying dispute is resolved.
Common grounds for challenge include:
  • The claimant’s case lacks substance or a proper legal basis
  • There’s insufficient evidence to show that you intended to dissipate assets
  • The injunction goes further than necessary and restricts activities unrelated to the dispute
  • The claimant didn’t provide the Court with all relevant information when the order was granted, especially in “without notice” applications
  • The injunction causes disproportionate harm, such as preventing you from meeting essential business or personal expenses.

FAQs about injunctive relief

Still got questions? Read on to find out more about injunctive relief.

Injunctive relief is frequently sought in contract law disputes, including those involving breach of contract. In particular, courts may provide injunctive relief where there has been a material breach of contract that goes to the heart of the agreement.

Yes, an arbitrator can often grant injunctive relief. However, enforcement may require support from the courts.

Yes, injunctive relief is a form of ‘equitable remedy’, meaning it’s granted at the Court’s discretion where monetary damages would not be an adequate solution.

You’ll need to make a formal application for injunctive relief to the Court. In urgent cases, applications can be made without prior notice to the opposing party.

An interim injunction usually lasts until the next hearing or the final trial. A permanent injunction remains in force indefinitely unless varied or discharged by the Court.

A freezing injunction prevents a person or company from disposing of or moving assets. It’s designed to stop the defendant from frustrating the enforcement of a future award.

By restricting access to funds, bank accounts, property, or shares, a freezing injunction ensures assets remain available until the dispute is resolved.

Contact our injunction solicitors today

Whether you’re seeking injunctive relief or defending against an injunction, our expert injunction solicitors will help to support your objectives.

Our injunction solicitors can help you with:
  • Quick assessment: We’ll review your situation and advise on whether injunctive relief is the right course of action.
  • Evidence preparation: We gather and present the strong, clear evidence needed to support or challenge an application.
  • Court representation: Our experienced solicitors act swiftly and effectively to secure or defend against injunctions.
  • Enforcement and follow-up: If an order is granted, we ensure it is properly enforced and take action if it’s breached.
For more information, including details on your litigation funding options, please call us on 020 7467 3980  and one of our specialist litigation solicitors will be in touch.
About the Author:

Jeremy Boyle

Head of Insolvency | Summit Law Jeremy qualified as a solicitor in 1993 and is the firm’s founding partner. He specialises in commercial litigation, dispute resolution, fraud and insolvency law for clients in the UK, Gibraltar, Portugal, Spain, and South America. Jeremy is the supervisor of our Insolvency team.