Is it possible to obtain an emergency injunction?
5RB barristers regularly act on behalf of both applicants and respondents in urgent interim applications out of court hours in our areas of work. Members have particular experience in relation to emergency interim privacy and confidence injunctions, sought out of court hours.
What types of emergency injunctions do 5RB deal with?
5RB barristers can advise on and act in relation to injunctions in all our areas of work, including: privacy, blackmail, harassment by publication and other areas of media law. Members have appeared in most of the major privacy and confidence injunction hearings since the Human Rights Act 1998 came into force. Many have taken place on Friday evenings and Saturdays ahead of publication in a Sunday newspaper. Some obviously remain confidential. 5RB barristers have also sought and resisted injunctions under the Protection from Harassment Act 1997 which relate to publication (for example repeated posts on social media, emails or other harassing communications).
5RB do not deal with emergency injunctions outside our usual areas of work, such as those relating to immigration matters, landlord and tenant and land law (such as evictions or removals of those with no right to be on land).
Do you have barristers on standby?
Each weekend, we have members of chambers available to deal with emergency applications. If the possibility of applying for, or resisting, an injunction is known sooner, our clerks will advise who is available and suitable for your needs. It is advisable to call us by Friday at the latest in relation to likely weekend injunctions, particularly if a specific barrister is requested. Should your chosen barrister not be available, we should have alternate options.
How do I contact someone?
During office hours please call +44 (0)20 7242 2902.
Outside of office hours please call:
Andrew Love on +44(0)7932 647040; Antony Braeger on +44 (0)7717 533526 or Georgina Gills on +44(0)781 7795 080.
What needs to be done?
The barrister instructed will be able to advise you how to contact the court, set up a hearing with the duty judge and the relevant documents that will be needed. The most pressing matter is the evidence. You should ensure, so far as possible, that detailed instructions are taken from the client and a draft witness statement is prepared.
What if the court grants the order sought?
If the court grants the order sought, the respondent will be prohibited from doing what is identified in the order. Depending on the circumstances, it may be that the court will direct that a fuller hearing takes place at a later date. This is often a few days later.
What if the court does not grant the order sought?
Failing the unusual scenario of an expedited appeal to the Court of Appeal, the respondent will not be prohibited from doing what the order was sought to prevent. The applicant may then wish to bring a claim for damages and a permanent injunction.