An injunction is a civil remedy that can impose a specific action in order to remedy a past harm or forbid an action to continue in order to prevent future loss. Our lawyers are experienced at obtaining and defending all types of injunctions, including:
- Mareva injunctions
- Mills injunctions
- Quia timet injunctions
- Interlocutory injunctions
- Permanent injunctions
In order to obtain an interlocutory injunction, also known as an interim injunction, during a case, the applicant must meet the three-part RJR MacDonald test. First, he or she must show that there is a serious question to be resolved at trial. Second, he or she must demonstrate irreparable harm if there is no injunction. Lastly, the court must balance the inconvenience an injunction would place on either party.
The proliferation of fraud actions in modern litigation has increased the number of injunctions sought, particularly in cases involving fraud and disposition of real and personal property, and in anticipation of litigation. The law of injunctions is complex yet critically important to assist in the achievement of positive results in the main action. In many cases, obtaining an injunction or using an injunction application at the beginning of a lawsuit can determine the outcome.