One legal tool that might be available to you to prevent publication of private information is an injunction. An injunction is a court order instructing a person or organisation to stop specific activities that are harmful to you. Getting an injunction is one way you can protect yourself and the first step in certain legal proceedings.
Q: Is it possible to get an injunction outside office hours?
A: Yes, but often it's not necessary. A written demand from solicitors for your opponent to do something (or stop doing something) often quickly gets the same result at less cost. However, a Judge can be contacted at all hours and if there's a genuine emergency and credible evidence, he or she will grant an injunction over the phone.
Q: What's involved?
A: You need to provide your lawyer with all documentation you think is relevant. This can be read over the telephone, faxed or e-mailed to the lawyer and you will work together to develop your strategy.
Q: What happens if I don't understand the advice and terminology used, or I have second thoughts?
A: Never hesitate to ask for clarification. You will need to take important decisions after receiving legal advice and must be fully informed. Your lawyer should explain things clearly and make sure you understand what is involved.
Q: What can I do to help?A: You can speed up the process by making sure your lawyer has copies of relevant documentation as soon as possible. You will also need to:
- answer questions truthfully
- ensure swift access to witnesses (partners, friends, family, employees, agents, accountants, etc)
- be available to answer any questions.
Q: What are the risks?
A: If you win, most legal costs are recovered from the losing defendant at trial. The defendant has the right to apply to vary the terms of the injunction or have it lifted entirely (set aside). If they succeed, you will probably be ordered to pay the costs of the whole exercise up to the date that the injunction is varied or set aside.
Even if no application is made to vary or set aside, when you issue an injunction you also have to issue a Claim Form (the new word for Writ) to commence legal proceedings. Even if the defendant did not challenge the injunction, they might still defend the action.
Q: What happens if it goes against me?
A: If the court grants an injunction for you, you will have to give a cross-undertaking in damages. This is an acknowledgement by you that if the injunction is varied or set aside you may have to compensate the defendant for losses that they suffered when the injunction was temporarily in place.
Speed is essential in getting an injunction. If the court is not satisfied that your application was made as soon as practicable, it is unlikely that the injunction will be granted.