March 10 2025

Everything Companies Need to Know About An Injunction Application

');w.document.close();w.print()}

');w.document.close();setTimeout(()=>{w.print()},300)}

Running a business comes with a lot of challenges—some you can see coming and others that hit you out of nowhere.

But when someone’s about to mess with your hard-earned reputation, assets, or contracts, it’s not just a headache; it’s a full-blown crisis.

That’s where injunction applications come in. If you’re dealing with someone dodging debt, stealing intellectual property, or about to break a key contract, an injunction might just be what you need to stop them in their tracks.

However, getting an injunction isn’t as simple as picking up the phone and asking the court to make someone behave. It’s a legal minefield that requires real strategy—and, more importantly, real knowledge.

So, if you’re a business owner who needs fast and solid protection, keep reading this guide to understand what an injunction is, when to use one, and how to make your case stick.

What Is An Injunction?

In plain English, an injunction is a court order that tells someone what they can’t do—or what they must do.

In the Civil Procedure Rules, an injunction is seen as a discretionary civil remedy, meaning that it’s up to the judge to decide if granting an injunction is the right move based on the case’s details.

So, it’s not automatic or guaranteed, and it is handed only when absolutely necessary.

There are three main types of injunctions:

Prohibitory injunctions, which stop a person/business from doing something (as often used in defamation, IP infringement, breach of confidentiality, and unfair competition cases)
Mandatory injunctions, which require someone to take action. (e.g., when a court orders a business to return documents they shouldn’t have taken, provide evidence or disclosure during a dispute, or honor a contract they were about to ignore)
Freezing injunctions, which protect a party’s financial interests during legal proceedings (e.g., a court order that stops a business from selling its assets like property, shares, or valuable equipment—or transferring money out of bank accounts.)

Immigration Law Firms

Besides these types, there are also other injunctions tailored for specific scenarios, like disclosure orders, search orders, delivery up orders, specific performance orders, and privacy injunctions.

If you’re unsure which injunction application you need to make, commercial litigation attorneys at ParrisWhittaker can help you make the choice.

When Is An Injunction Appropriate in Business Matters?

Sometimes, business disputes need more than stern emails or heated meetings. That’s where injunctions come in—to protect what matters before it’s too late.

For example, if you’re about to sue someone for unpaid invoices, but you hear they’re selling off assets to dodge the debt, a freezing injunction can stop them in their tracks.

It prevents them from dissipating assets, ensuring there’s something left if you win your case.

Or let’s say a shareholder is funneling money out of the business. A prohibitory injunction can block further transfers, buying you time to sort things out legally.

Last but not least, an injunction can be a lifesaver when someone’s about to breach a contract that could cost you big.

For example, imagine you’ve signed an exclusive supply agreement with a manufacturer, but they suddenly threaten to sell to your competitor. Without the materials they promised, your operations would grind to a halt. A prohibitory injunction could stop them from breaking the deal, forcing them to honor the terms until the dispute is resolved in court.

Bottom line: Injunctions keep assets safe, protect your reputation, and enforce the promises people make to you. When things get dicey, they’re your first line of defense.

What Are the Conditions for Obtaining an Injunction?

So you’ve decided to make an injunction application. Here are some hoops you’ll need to jump through before the court even considers it:

First, you can’t just ask for an injunction without a solid reason.

You’ll need to show to the court that there’s a real legal issue at hand that’s worth pursuing or that you can’t get proper compensation through money (this is common in cases involving intellectual property theft or reputational damage).

Only if the court finds serious issues to be tried will it proceed with the case. The court will also:

Look at whether the injunction would be just and convenient, given the circumstances of the case.
Outweigh benefits against the harm to the other party (If it’s more harmful than helpful, don’t expect it.)
Check whether there’s a genuine threat or harm that needs legal intervention.

As for the procedural hurdles, you’ll need to submit a formal application to the court with all material facts and provide solid evidence.

If you need an injunction, it’s important that you act without undue delay, as waiting too long could weaken your case. And don’t act in bad faith!

What Evidence Do You Need for An Injunction Application?

Now that you know that getting an injunction isn’t as simple as just asking the court for one, you should know what kind of evidence you’ll need for the court to take your case seriously.

Witness statements, to begin with, are crucial for providing first-hand accounts of the situation. They help the court understand the context, who’s involved, and what’s at stake.

Then, there’s the affidavit. This is like a formal written statement that’s sworn under oath, and it’s your chance to lay out the facts in a clear and structured way.

You’ll also need supporting documents. Think everything from emails to contracts, messages, and even screenshots. Anything that shows the situation is as serious as you’re claiming will help.

For instance, if someone’s violating a non-compete clause, you’d want to show the original agreement alongside proof of the violation.

And remember: You’ve got to make the court feel that, without an injunction, the damage could be irreversible. The more detailed and compelling your evidence is, the better your chances of getting the relief you’re asking for.

Which Injunction Application Methods Are There?

Immigration Law Firms

There are generally two different injunction application methods, depending on the urgency of the situation and the specifics of your case.

On Notice Application: This is the standard route where you inform the other party about what you’re asking for, and both sides get the chance to present their arguments before the court makes a decision.
Without Notice Application: In this case, you ask the court for an injunction before telling the other party because giving notice might result in harm to your case or the relief you’re seeking. Basically, the matters are urgent and demand a swift response.

There are also interim injunctions (or temporary injunctions) for when you need protection right away. These are short-term orders to preserve the status quo until the court can make a final decision.

Permanent injunctions, on the other hand, are issued only after the court has fully reviewed everything and the case has been resolved.

In short, the application method you choose—whether on notice or without notice—depends on how urgent your situation is.

What Is the “Good Arguable Case” Standard for Injunction Applications?

When you’re applying for an injunction, one of the first hurdles is showing you have a “good arguable case” as set out in the Niedersachsen case.

But what does that actually mean?

Well, a “good arguable case” is about showing that your case is more than just barely capable of serious argument.

That doesn’t mean you need to have a better than 50% chance of winning, though; it just means that there’s a legitimate legal issue to discuss instead of something trivial.

Also, it’s important to know that the court doesn’t expect you to have all the evidence neatly wrapped up in a bow at this. You just need to show that your legal arguments have solid ground and are worth investigating further.

Now, it’s worth mentioning that recently, in Dos Santos v Unitel SA [2024] EWCA Civ 1109, the Court of Appeal clarified this standard even more.

While this case involved worldwide freezing orders, the court stressed that the “good arguable case” standard applies consistently across all types of injunctions and that its goal is to provide a relatively low threshold for starting legal proceedings.