COMMERCIAL INJUNCTIONS

Restrictive covenants are contractual promises not to act in a particular way. They commonly arise in a variety of commercial arrangements such as in a business sale and employment contract. If a party has breached the terms of a restrictive covenant the usual remedy is injunctive relief compelling that party to observe the restrictive covenant in the future.

A freezing order prevents a party from disposing of or dealing with assets. To persuade the court to grant a freezing order, the applicant needs to show that it has a good arguable case and that there is a real risk of dissipation of the respondent’s assets if the order is not made. A freezing order does not entitle the applicant to any form of security over the assets but may make enforcement of a judgment easier at a later date.

One of the most valuable assets of a business is the information it keeps. That information can take a variety of forms such as a list of customers or suppliers. Where this information is confidential in nature it may be protected by the law of confidence. If this information gets into the hands of a competitor, it could be very damaging. One of the remedies available in the misuse of confidential information claims is an injunction preventing a respondent from using that information and/or injunction ordering them to deliver up or destroy the confidential information.

A Norwich Pharmacal Order (NPO) is a type of injunctive relief. It is a request for information or documentation from a third party that is not likely to be party to subsequent proceedings.