Equitable Remedies

INJUNCTION AND EMERGENCY REMEDIES

An injunction is an equitable remedy in the form of a court order that compels a party to do or refrain from specific acts. A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court. Counterinjunctions are injunctions that stop or reverse the enforcement of another injunction.

The injunction is an equitable remedy, that is, a remedy that originated in the English courts of equity. Like other equitable remedies, it has traditionally been given when a wrong cannot be effectively remedied by an award of money damages. (The doctrine that reflects this is the requirement that an injunction

They can prohibit future violations of the law, such as trespass to real property, infringement of a patent, or the violation of a constitutional right (e.g., the free exercise of religion). Or they can require the defendant to repair past violations of the law.

An injunction can require someone to do something, like clean up an oil spill or remove a spite fence. Or it can prohibit someone from doing something, like using an illegally obtained trade secret. An injunction that requires conduct is called a "mandatory injunction." An injunction that prohibits conduct is called a "prohibitory injunction." Many injunctions are both—that is, they have both mandatory and prohibitory components, because they require some conduct and forbid other conduct.

When an injunction is given, it can be enforced with equitable enforcement mechanisms such as contempt. It can also be modified or dissolved (upon a proper motion to the court) if circumstances change in the future. These features of the injunction allow a court granting one to manage the behavior of the parties. That is the most important distinction between the injunction and another non-monetary remedy in American law, the declaratory judgment. Another way these two remedies are distinguished is that the declaratory judgment is sometimes available at an earlier point in a dispute than the

There are many commercial scenarios which may necessitate an injunction, usually involving circumstances where irreparable damage can be caused if not addressed and prevented.

Injunctions are an emergency remedy and delay in applying to the court can preclude the granting of such an application. As such, if you believe you are entitled to injunctive relief, you must contact a specialist solicitor immediately. Types of Court Injunctions

Freezing Order: This prevents a party from dissipating or dealing with assets in a manner likely to result in a final judgement being left unsatisfied.

Search Order: This requires the Defendant to allow the Claimant to search for and seize evidence which would have most likely been disposed of on notice of legal proceedings.

Disclosure Order: This requires a party to make a reasonable search for documents which must then be disclosed. Injunctions can also be granted to:

Prevent infringement of copyright, trademark and other intellectual property rights

Restrain the wrongful use of confidential information and trade secrets

Prevent an on-going breach of