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Costs for an injunction

Costs for an injunction

Postby shootist » Tue Jul 04, 2017 10:00 am

Can somebody who knows help me with what obtaining an injunction might cost? Assume it to prevent a small business from doing something that the applicant considers offensive, annoying, inconvenient to others or possibly even dangerous. By costs, what expenses might an applicant to the court find himself paying for an application for an injunction, including any possible 'hidden' expenses. Just looking to find a 'ball park' figure, if you will excuse the expression.
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Re: Costs for an injunction

Postby dls » Tue Jul 04, 2017 10:22 am

No figure can be given as such.

For example an application for an interim injunction would normally have to be accompanied by an undertaking to pay any losses suffered by the defendant in complying with the injunction if the injunction is later rejected. That undertaking might have to be accompanied itself by evidence of the ability to satisfy it if required. The costs change according to the nature of the actions involved, and its profitability.

The claimant might be careful about his costs, but a defendant desperate to resist might well incur very substantial fees very quickly.
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Re: Costs for an injunction

Postby shootist » Tue Jul 04, 2017 10:38 am

Thanks. That's a help.
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Re: Costs for an injunction

Postby shootist » Tue Jul 04, 2017 4:07 pm

Pondering some more, what if financial losses are minimal. More precisely, what would it cost to get an injunction, discounting any potential losses which may be assumed to be minimal or adequately covered?
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Re: Costs for an injunction

Postby atticus » Tue Jul 04, 2017 4:30 pm

Unlikely to be less than£19k + Vat if contested.
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Re: Costs for an injunction

Postby atticus » Tue Jul 04, 2017 5:17 pm

Sorry £10 K
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Re: Costs for an injunction

Postby shootist » Tue Jul 04, 2017 10:35 pm

Again, thanks.
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Re: Costs for an injunction

Postby atticus » Wed Jul 05, 2017 5:50 pm

OK, £10,000 (plus VAT) is a lot of money, so I'll give some explanation.

A person seeking an injunction has a duty to give full and frank disclosure to the court. The lawyers acting have duties to make sure he complies with that duty. That means digging deep into the full story, and no cherry picking of facts or documents.

The applicant needs to prepare a full and detailed statement of what it is he wants the court to prevent or put a stop to, and why. He needs to show he has a case that has a realistic chance of success. He is likely also to have to issue and serve a claim seeking a permanent injunction and/or damages. If the matter is urgent, he may apply without notice to the other party - only one party is heard. That amplifies the duty of full and frank disclosure. In that event an interim injunction of limited duration will be ordered. There will be a full hearing a few days later with both sides being heard. The defendant will prepare detailed staements answering the case. The claimant may put in further statements in reply. Sometimes there are more rounds of statements. These are all prepared carefully and intensively.

Then there is the hearing at which the injunction is confirmed or discharged (or given or not if there has been no interim order).

That is a summary of the work that goes into these things. When I have been involved in such cases, there has been a pretty intensive week or so of work to tight deadlines. A barrister will probably also have worked on the case and argued the hearings.

And, as dls has said, the claimant will have to give an undertaking to pay damages if the court gives an interim injunction which is found to have been wrongly given. Courts expect to see evidence of ability to pay those damages. They can and do require security to be given. And woe betide the claimant whose injunction is discharged because of a failure to give full and frank disclosure.

That said, these can be an effective way of nipping things in the bud, of not allowing a threatened problem to become a big actual problem.
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Re: Costs for an injunction

Postby dls » Thu Jul 06, 2017 5:36 am

I suspect that Atti's 10k is for the claimant's costs. A defendant might be expected to run up a similar or larger bill. The claimant is at risk for both.

It is playing at double or quits.
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Re: Costs for an injunction

Postby atticus » Thu Jul 06, 2017 6:57 am

The question was of the cost of obtaining an injunction, so yes. And indeed there are risks of paying a lot more.
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