Injunction

Debt Recovery - Injunctions

Sometimes, it becomes necessary to ask the court to stop someone doing something at short notice - or to take positive action. It’s about asking the court to enforce your rights against someone who is not cooperative – particularly in the course of debt recovery.

An injunction is an emergency court order forcing a person or a company to do something, or to refrain from doing something. Injunctions are often a commercial necessity (freezing orders and search and seizure orders, for instance).

Injunctions can be obtained at any time, even if proceedings have not yet started. An injunction can also be obtained after a judgment has been given, in order to secure the amount of the judgment.

Acting quickly

Injunctions are an emergency remedy which means you must make an application to the Court promptly - but you must be able to satisfy the Court that you are entitled to ‘injunctive relief’. This means it will not grant your application if damages would be an appropriate remedy.

It can be a fine balance: the Court will require you to provide an ‘undertaking in damages’, which means you will be liable to the other party for any losses suffered as a consequence of the injunction if it is later held that the injunction was wrongly granted.

You should take urgent advice from specialist injunction solicitors as early as possible. The dispute resolution team at Selachii will advise whether an application for an injunction is the best remedy for you in which to enforce your rights in the circumstances.

Types of injunction

There are two main types of injunction used in the context of debt recovery:

If you are facing the prospect of a creditor presenting a winding up petition against your company, you could ask the Court for an injunction to restrain the presentation of the petition. You would, however, need to show sufficient evidence that can dispute the claim (or cross claim or counterclaim).

How Selachii Can Help

Selachii is a dynamic litigation law firm based in Kensington, London. Our litigation and dispute resolution team is highly experienced in injunctions and debt relief and we put the best interests of our clients at the heart of everything we do. We work with both businesses and private individuals, giving them legal advice and support which is unique to them and their situation.

We don’t believe in simply handing out one-size-fits-all solutions to problems. We will focus on your specific circumstances before working out the best and most cost-effective way of helping you achieve your aims.