Injunctive Relief

  • Overview
  • Working with clients
  • Case studies
  • Injunctive relief, also known as an “injunction,” is a legal remedy that may be sought from the courts to require a defendant to stop doing something (or requiring them to do something). Injunctions can arise in many different areas, such as property litigation, employment law, healthcare law and commercial and construction disputes.  

    Here are just some examples of the types of injunctions we can help with:

    •    Commercial contracts, for example requiring specific performance of an obligation or lifting an automatic suspension for procurement processes;
    •    Injunctions to restrict or prevent media access regarding court of protection, mental capacity and deprivation of liberty matters;
    •    Regarding housing; against tenant breaches of the lease;
    •    In commercial property to prevent trespassers and other interferences; and
    •    In employment; to prevent the breach of restrictive covenants.

    Injunction work requires fast and accurate delivery of your case, be it seeking or defending an injunction application. Across the firm, our teams have extensive experience of representing a wide variety of clients, both claimant and defendant, and are well placed to manage this high pressured process.

    Bevan Brittan has advised us on public procurement legislation for the last 7 years. During this time we have experienced the very best advocacy when we have had to seek advice or protect our position as a bidder for NHS contracts. Emily and the team have always represented us professionally, with exquisite knowledge and importantly passion for our position. The guidance we have received has always been wise, effective and has allowed us to on occasion hold public bodies accountable whilst retaining a commercial relationship ensuring that we are not disadvantaged to compete for future business. I have no reticence recommending Bevan Brittan.

    Leading pathology provider , 9 / 2017
  • We work closely with our clients to ensure that the evidence to support your position is as relevant and detailed as possible, and will provide support in the lead up to, and during, the court hearing.  

    Whichever type of injunctive relief you are seeking, defending, or needing advice in relation to, we can:

    •    Advise on the benefits and disadvantages of applying to the Court taking into account costs, merits and reputational issues;
    •    Correspond with the other side on your behalf, and instruct Counsel to appear on your behalf if needed; and
    •    Help you with all preparation for, and conduct of, a hearing to determine an application, including taking evidence and drafting witness statements.

  • Procurement: lifting the automatic suspension

    Our client was an incumbent provider of domestic violence support services for Bristol City Council. They successfully defeated an application by the Council to lift the suspension at a hearing. This enabled the suspension to remain in place and the contract eventually to be awarded to our client. Bristol Missing Link v Bristol City Council [2015] EWHC 876

     

    Obtaining an injunction (confidential data)

    We obtained an emergency injunction and search order on behalf of an international insurance company against an individual who had transmitted and saved confidential and personal client data to his home PC immediately prior to leaving the employ of the company.

     

    Defending an injunction (copyright infringement)

    We advised the insurance division of a major banking corporation in defence of an injunction and £multi-million damages claim for copyright infringement and breach of confidence in relation to the software used in its claims handling process. A three day trial took place where our client obtained a substantial costs award in its favour. We also represented our client in the Court of Appeal.

     

    Local Authority / Governance

    We acted on behalf of two separate local authorities in respect of injunctions being brought by senior local authority employees challenging the procedure to remove them from office.

     

    Injunction preventing trespass

    We obtained an urgent injunction against trespassers for a prestigious university client. The trespassers were part of a political group, and were planning a large event on premises owned by our client. The injunction prevented the trespassers from entering or remaining upon various premises owned by our client, and the event did not go ahead.

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