Injunctions

An interim injunction is a temporary order the Court may make to regulate the position between the parties to an action pending trial. It is particularly valuable when a claimant fears that there will be irreparable damage to his interests between issue of a claim and trial if the Court does nothing.

The injunction is a particularly powerful tool in privacy and confidence and can be used to stop publication of private or confidential information. Speed, efficiency and accuracy are critically important in injunction applications and it is therefore important for a claimant to be represented by experienced practitioners, such as the Gallant Macmillan partners.

In deciding whether to grant an injunction in a privacy claim, the Court has to balance a claimant’s right to protection of private and family life under article 8 of the Human Rights Act and the defendant’s right to freedom of expression under article 10. In privacy claims, a court will not restrain publication unless it is satisfied that the claimant is “more likely than not” to succeed at trial.

A confidentiality injunction will be refused where the information is already in the public domain.