Springboard Injunctions: A Corporate Guide on Springboard Injunctions

Springboard Injunctions: A Corporate Guide on Springboard Injunctions
Written by Jeremy Boyle Last Updated: 8 October, 2025
All Commercial Litigation

When a competitor gains an unfair head start through unlawful means, the law can step in to level the playing field with a springboard injunction. As such, a springboard injunction protects your business from ongoing and future harm.

 

In this guide, we explain what springboard injunctions are, how long they last, the application process and so much more.

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What is a springboard injunction?

A springboard injunction is a court order designed to remove an unfair competitive advantage gained through unlawful conduct. The idea is that the wrongdoer should not be allowed to “springboard” into the market by relying on confidential information, breaches of duty, or other forms of misconduct.

 

In short, a springboard injunction restores fair competition by neutralising the advantage gained.

Difference between mandatory and prohibitory springboard injunctions

A springboard injunction can be either prohibitory or mandatory, depending on how the unfair advantage needs to be addressed.
  • Prohibitory springboard injunctions: These stop a party from continuing to exploit an advantage gained through wrongdoing. For example, preventing a former employee from using stolen client data to target customers of their old firm.
  • Mandatory springboard injunctions: These go further by requiring positive steps to undo the benefit of past misconduct. This might include ordering the return or destruction of confidential documents, or compelling someone to hand over unlawfully copied files.

How long does a springboard injunction last?

Springboard injunctions can be granted on an interim basis while proceedings continue, or as a final order after trial. What makes them distinctive is that, unlike some other types of injunctions, even final springboard injunctions are usually time-limited. The court will only keep it in place for as long as the unfair advantage continues.

The duration depends on the circumstances of the case, such as:

  • The nature of the misconduct: For example, whether confidential information has been taken and how long it would give a competitive edge.
  • The likely impact period: How long the defendant could realistically benefit from the head start.
  • Proportionality: The order cannot restrict lawful competition beyond the time needed to neutralise the wrongful advantage.

In practice, springboard injunctions often run for a few months, sometimes up to a year, but rarely longer. The court may revisit the order if circumstances change, and either shorten or extend the period to ensure fairness for both parties.

Examples of springboard injunctions

Springboard injunctions can arise in a range of commercial and employment disputes. 
  • Misuse of confidential information: For example, where a departing employee copies client lists or pricing strategies and uses them in a new business. 
  • Breach of restrictive covenants: For example, where a former director ignores a non-compete clause and immediately begins trading against their old company, using knowledge and contacts gained during employment.
  • Unlawful team moves: For example, where a group of employees secretly plan a mass resignation to join a competitor, taking valuable inside information with them.
  • Intellectual property misuse: For example, when someone uses stolen trade secrets or technical know-how to bring a competing product to market faster.
In each of these situations, a springboard injunction helps by removing the unfair advantage and restoring a level playing field.
The court’s power to grant injunctions, including springboard injunctions, stems from Section 37 of the Senior Courts Act 1981, while the process for applying is set out in Part 25 of the Civil Procedure Rules. Furthermore: 
  • The landmark case, Terrapin Ltd v Builders’ Supply Co (Hayes) Ltd [1967], established that the court can restrain a defendant from using confidential information to gain an unfair advantage.
  • Subsequent cases confirmed that the purpose of a springboard injunction is to remove the wrongful advantage, not to penalise the defendant.
But what does this mean for you?

When can a springboard injunction be granted

The courts will only grant a springboard injunction if certain conditions are met: 

  • Past unlawful conduct: There must be a finding (or clear evidence) of misuse of confidential information, breach of duty, or other wrongdoing.
  • Unfair advantage: The defendant must have gained a competitive head start as a result.
  • Continuing harm: The advantage must still exist and pose a real risk of ongoing damage to the claimant.
  • Proportionality: The order must be no broader or longer than necessary to remove the unfair advantage. 

This distinguishes springboard injunctions from quia timet injunctions, which prevent future harm even if no wrongdoing has yet occurred.

Benefits of springboard injunctions

Springboard injunctions are highly effective in the right circumstances. They can:
  • Neutralise an unfair advantage 
  • Protect confidential information
  • Preserve client relationships
  • Encourage fair competition
  • Strengthen your negotiating position and bring the other side to the table.

Disadvantages of springboard injunctions

Whilst springboard injunctions are effective, they can result in the following disadvantages:
  • Springboard injunctions require proof of wrongdoing and cannot be used to block lawful competition.
  • The duration must be tied to the period of unfair advantage, meaning they are temporary, not indefinite.
Depending on the circumstances, you might be better: 
  • Relying on another form of injunction  
  • Claiming damages through the courts 
  • Exploring settlement agreements or alternative dispute resolution to avoid formal court proceedings.
A specialist litigation solicitor can help you assess the best options. 

How to apply for a springboard injunction

Applying for a springboard injunction involves a strict process. You should:

  1. Seek urgent legal advice: Contact experienced injunction solicitors to assess your case and advise you on the best course of action.
  2. Gather evidence: Secure proof of the misconduct, such as copied files, suspicious downloads, or breaches of contractual obligations.
  3. Prepare the application: Prepare an application notice, supporting witness statements, and a draft order setting out the terms.
  4. Issue the application at court: File the application, usually at the High Court, depending on the case. 
  5. Provide an undertaking in damages: You will need to agree to compensate the respondent if the injunction later proves to have been unjustified.
  6. Attend the hearing: The court will weigh the evidence and decide whether to issue an injunction and, if so, for how long.

If the risk of harm is immediate, you may apply without notice (ex parte). This means the other side won’t be warned about the injunction in advance – although they will still get the opportunity to challenge it later.

Defending against a springboard injunction

Being served with a springboard injunction can be disruptive and worrying, especially if it affects your right to trade or compete. The order is legally binding, so compliance is essential, but that doesn’t mean you have no options. There are several ways to defend yourself, including:

 

Challenging the basis for the injunction

If the claimant cannot prove wrongdoing, the foundation for the injunction falls away. For example, where misuse of confidential information is alleged, you may be able to demonstrate that the information used was public, trivial, or already known, meaning no misuse occurred.

 

Disputing the advantage

Even if some misconduct is established, you can argue that it gave no real head start. For example, client information may be outdated, or the alleged confidential material may have little or no commercial value. Without an unfair advantage, a springboard injunction is unnecessary.

 

Limiting the scope of the injunction

Courts will only grant springboard injunctions to the extent needed to neutralise the advantage. If the order is too wide, for instance, blocking lawful competition entirely, or lasting longer than justified, you can ask the court to narrow its terms.

 

Offering undertakings

Sometimes the quickest way to resolve matters is to give your own binding promises to the court. For example, you could agree not to contact certain clients for a defined period. This can reassure the court while avoiding a more restrictive injunction.

 

Because springboard injunctions often affect livelihoods and business operations, seeking immediate legal advice is vital.

What happens if you breach a springboard injunction?

Breach of a springboard injunction is contempt of court. Possible penalties include:
  • Fines
  • Sequestration of assets 
  • Imprisonment of up to two years
  • Liability for the other side’s legal costs.
The court takes non-compliance seriously. Even if you plan to challenge the injunction, you must comply with its terms until it is varied or discharged.

Is a springboard injunction the same as a freezing order?

No. A springboard injunction and a freezing order serve different purposes. 

  • A springboard injunction prevents someone from using an unfair competitive advantage gained through unlawful conduct
  • A freezing order, on the other hand, is designed to stop a defendant from moving or hiding assets to avoid paying a judgment. 

FAQs about springboard injunction

Springboard injunctions can be highly technical. Below, we answer some of the most common queries to help you understand how they work in practice.

Only as long as the unfair advantage continues. The court tailors the order to the circumstances.

Yes. Unlike quia timet injunctions, springboard injunctions are based on existing misconduct that has created an unfair advantage.

Not if the competition is lawful. The order must be limited to removing the unfair advantage, not banning ordinary competition.

In urgent cases, the court may grant one within 24–48 hours of instructing solicitors.

Costs vary, but straightforward applications typically range from £5,000 to £7,500. Complex or contested cases can exceed £15,000, excluding court and barrister’s fees.

The defendant can apply to vary or discharge the order if the unfair advantage no longer exists.

Yes, in urgent situations. But a return hearing will usually follow to give both sides a chance to be heard.

Contact our injunction solicitors today

At Summit Law, we act swiftly to protect businesses from unfair competition. Our team of injunction solicitors offer: 
  • An immediate response: Preparing urgent applications in hours. 
  • Specialist expertise: Advising across a broad range of commercial and employment disputes.
  • Practical, strategic advice: Tailoring the order to neutralise unfair advantage without overreaching, and avoiding challenges. 
  • Proven track record: Successfully obtaining and defending springboard injunctions in high-value disputes.
If you believe a competitor has gained an unlawful head start, don’t delay. For your free initial consultation, contact us today on 020 7467 3980 or complete the website enquiry form.
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.