Injunctions

The Relief of Injunctions

Injunctions are court orders which compel a party to either stop doing a particular activity or, in some instances, forcing them to carry out a certain action. An injunction can be applied to individuals, corporations and even government entities.

Injunctive relief is an equitable remedy and is not usually a first point of call for people, but rather a type of relief relied upon when most other avenues are either exhausted, or are simply not appropriate.

Urgent applications for injunctive relief are sometimes required for any range of issues including:

  • breaches of contract;
  • nuisance
  • installation of unsafe equipment in a development on neighbouring properties;
  • harassment;
  • in a lease dispute, where the landlord is looking to re-take possession of a premises; and
  • divulgence of trade secrets,

shutterstock_153483245

 

amongst a host of other potential, actual or threatened wrongs which would cause irreparable harm in the absence of immediate injunctive relief.

Injunctions in the property and construction industry may be used in circumstances (among numerous other examples) where:

  • a land owner wishes to stop the installation of rock anchors on their land, or
  • to stop excavation works causing structural damage to their land, or
  • alternatively, injunctions can compel the use of safety steps whilst excavating, with proper measures to support the land being excavated, or
  • they can also assist in preserving your rights under a lease agreement by stopping the landlord taking possession of your premises.

Builders and developers in particular ought to be aware of the types of injunctions which can be made and how they might affect construction works.

Urgent advice should be obtained in any circumstance where you feel that work is being done or some act is being performed that is going to cause you significant harm or damage in order to determine what the most appropriate course of action to take is and, if applicable, immediately prepare the relevant documentation to seek such relief.

 

Testimonials

Blog Posts