Interim Injunctions; Court Orders, Recognition of Judgments

Preliminary Injunctions | Breaches of Court Orders | Enforcement of Judgments

Preliminary and Interim Injunctions

Our solicitors have collectively applied and defended over 15 interim injunctions before the English High Court. As part of the litigation services we provide our clients, we have acted and advised on:

• how to respond and responding when served with freezing order, mandatory and prohibitive quia timet injunctions, orders for specific performance and search orders;
• what is required to be done to obey court orders to avoid non-compliance and credible threats of contempt of court;
• assisting compliance with court orders requiring urgent action;
• obtaining interim injunctions, and urgent relief such as:
• quia timet injunctions to prevent repetition of breaches of contracts, and to obtain copies of electronic documents prior to notice of issuing proceedings;
• freezing injunction to prevent dissipation and disposal of assets in the jurisdiction of English Courts, and worldwide; and
• search orders to physically attend to obtain evidence, with orders requiring the respondent to allow access to premises, computer hardware and other places where relevant material may be located.
• alternatives to search orders and obtaining more onerous injunctive relief;
• the risks associated with applying for interim relief and what is required by the Court to obtain urgent relief;
• challenging and setting aside freezing orders;
• barring evidence seised after execution of search orders;
• obtaining and resisting gagging orders;
• obtaining supportive injunctions in other jurisdictions;
• extending the protection of injunctions obtained in England to foreign countries to bring home the effect of the force of English Court Orders;
• Norwich Pharmacal Orders and relief in the UK and in foreign countries to advance litigation in England;
• coordinated enforcement of injunctions and Court Orders, after obtaining initial relief in the English High Court;
• appeared before the High Court to obtain evidence with the assistance of foreign courts to assist litigation in England.

Such is the wealth of experience before English Courts that in many cases our solicitors have appeared before the Courts, avoiding the added layer of representation usually undertaken by barristers. To date, our solicitors have not been refused relief for Norwich Pharmacal Orders or interim injunctions, on our advice that the Court may be minded to make the orders sought, after having considered the evidence available and grounds of the claim.

There is no question that obtaining and enforcing English court orders such as these is a costly exercise. Our proximity to the locations where the relevant Courts sit, our size of firm and extensive experience means that we are able to provide prompt and decisive action with greater price control than elsewhere.

Breaches of Court Orders and Undertakings

As part of our practice we have defended our clients from claims of breaches of court orders and injunctions, and advanced claims against those alleged to be in breaches themselves, including:

• in respect of case management directions;
• applying to Court to recover from situation, where breach of an order has taken place, and for relief from sanction from English Courts;
• setting aside judgments; and
• obtaining costs orders where the opposing litigant has acted unreasonably and outside the course of expected norms of behaviour when conducting litigation in English Courts.

Recognition, Registration and Enforcement of Judgments in UK Courts

We have extensive experience applying to the Queen's Bench Division of the High Court in London on instructions from judgment creditors to apply for recognition of judgments in England:

• of judgments and orders obtained in other domestic European Courts for enforcement in the UK; and
• of judgments from outside the European Union for purposes of recognition in the UK and thereafter either (1) enforcement in England and (2) extending the reach of those orders thereafter across Europe by way of European Enforcement Orders.

We have also provided extensive legal advice, in respect of resisting recognition and/or registration of judgments in the UK and the grounds for doing so, for judgment debtors on foreign judgments, and then gone on to enforce the judgment for judgment creditors in England and assisted with enforcement procedures abroad.

Business Solicitors & Lawyers

For more information, legal advice or to find out more about the legal services we provide, call +44 20 7353 1770 or contact us online.

We are business lawyers in the City of London advising businesses in the UK and internationally to create options, achieve realistic and attainable goals, and providing guidance to assist decision-making in a commercial context.