In the world of business and commerce, disputes will frequently arise. Often, it is possible to settle these disputes without any duress, but sometimes, third-party intervention is necessary. If you are in this position currently, what do you need to know about injunctions, and should you pursue one?
Getting Relief
In the legal world, an injunction is typically ordered by a court to enforce a specific action. This may be to prohibit a party from doing something that may be detrimental to the other or, conversely, to force them to take any action that they may be unwilling to take. Once a court has ruled, the party must adhere to the decision whether it is in their favour or not and it is, therefore, important to be sure that you are on solid ground before you go forward.
Injunction Types
There are several different types of injunction. For example, you may want to stop a former employee from divulging any of your secrets or using your intellectual property. As part of the injunction, the other party may be required to pay damages to compensate and make the plaintiff whole.
Maintaining the Status Quo
On the other hand, you may want to pursue an injunction to maintain the status quo in a given situation, to prevent another party from influencing any subsequent outcome. This can be more difficult to pursue, and a court will have expected you to take certain actions before you go down this road. For example, you should have tried any other non-formal means of resolving such a dispute and can prove that the original risk remains.
Contract Injunction
An injunction is typically accompanied by a relevant amount of financial compensation. The court will usually tie this to the amount of damage suffered by the plaintiff so that they are once again "whole," and the defendant is barred from pursuing the relevant activity. Usually, this form of injunction is attached to a breach of contract.
Careful Approach
While you may feel rightly aggrieved at the current situation, remember that a court of law will always look impartially at the case and will not necessarily grant an injunction just because you think one is appropriate. This is why you need to discuss the matter with a competent commercial lawyer first so that they can guide you properly. When the time is right, they will be able to lodge an application for an injunction so that it stands the best chance of acceptance, and you enjoy the appropriate outcome.
To learn more, reach out to a local commercial lawyer.