How will a lawyer help me?
The party seeking the injunction may also be asked to give an undertaking as to damages, in case the matter is finally resolved in favour of the other party. ‘Giving an undertaking as to damages’ essentially means to promise to pay damages to the other party if it turns out later than the injunction should not have been granted. Giving such undertakings is a serious matter, therefore you should seek the right legal advice before you make an undertaking.
Injunctions are very serious matters, and courts are wary of stopping something that should not have been stopped, particularly if the damage that arises may be irreparable. Where an undertaking is given to the court, it must be for an amount that would sufficiently compensate the respondent for any losses they sustained from the imposition of the injunction, if it is later found that the injunction was wrongly granted.
Considering the risks associated with injunctions it is important to get the right advice. Our lawyers have the knowledge and expertise to protect your interests by applying for injunctions to safeguard your assets. We have also successfully defended against injunctions from the other side.