An injunction (also known as a Stop Order) is a court order which either prohibits a particular act or compels someone to carry out a specific act. An injunction might be needed when, for example, the media intends to publish a story which would invade a person’s rights of privacy. In such circumstances, the only way of protecting the individual’s rights is to order the media not to publish the story; more typical remedies such as damages would be of no use as once a person’s privacy has been lost, it cannot be restored.
If necessary, injunctions can be sought at extremely short notice, 24 hours a day, as the courts recognise that urgent action is often needed. They are a very serious remedy and the person applying for an injunction will need to guarantee to compensate any loss suffered by the party that has been restrained if it later turns out that the injunction should not have been granted.
Unlike with other types of injunctions, the test for an injunction which would affect a party’s freedom of expression (for instance, the media’s right to publish a story) is whether or not the person applying for an injunction would be likely to establish at trial that publication should not be allowed.
Schillings are the leading lawyers in reputation management and brand protection; specialising in defamation and privacy for private clients and corporate organisations. Schillings have a very active dispute resolution department and we also provide family and matrimonial advice to our private client base of high-net worth individuals and celebrities. In addition, our sports department manages work in reputational, regulatory and sports sponsorship matters for some of the highest profile sports stars, brands and clubs.
If you have any queries please contact Schillings on 020 7034 9000 or email us at legal@schillings.co.uk