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Prohibitory Injunctions

Written by Michael Coyle on 20 December 2007

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Intellectual Property Solicitors

It is a common request....I want an Injunction to stop Mr X from doing so. I hear this request weekly. Please note that the common failings with this approach are as follows:

1. Costs. Legal fees will be in the region of £12,000-20,000 for approximately.

2. If you cannot manage 1 then you will not be able to manage 2 which is the undertaking to provide costs if your injunction is granted and then subsequently overturned.

Please note at all times an Injunction is a remedy, not a cause of action. It carries a sanction of contempt of court if it is disobeyed. .

It is a serious remedy and as a result it must not be taken lightly. .

How to file an injunction .

1. File in the High Court to a Judge.

2. Issue an application with fee.

3. Draft Claim .

4. Witness Statements.

5. Financial information.

It should only be used where the applicant insists that no other form of remedy applies that is (for example, damages or rescission).

You must always provide full and frank disclosure and you will be required to provide an undertaking. Applications should be made in accordance with the general rules on applications in CPR 23 and the specific provisions on injunctions in CPR 25 and Practice Direction (PD) 25.

If you'd like to know more about this article please send an email to Unknown quoting the article title and any questions you might have, alternatively call the office number on 02380 235 979 or send an enquiry through our contact form.

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