How Much Does an Injunction Cost UK: Expert Guide

Quick Summary

1. An injunction is a powerful legal tool—a court order that either requires someone to stop doing something (prohibitory) or compels action (mandatory).
2. These legal orders often arise in cases involving harassment, neighbour disputes, or protection of assets.
3. Costs can vary, but solicitor fees typically range between £1,000 and £10,000 plus VAT, while court fees start at £308. Some people can get fee waivers to help with court fees.
4. The costs can depend on several things. These include how hard the case is, how fast it needs to be settled, whether a barrister is needed, and how long the court proceedings will last.
5. Injunctions are a discretionary remedy, meaning that the Court does not have to order one in any given case, and will only do so if they believe it is necessary.
6. Our law firm, Go Legal, has an excellent track record with injunctions often on an urgent basis. We have over 100 five-star reviews on Trustpilot and is rated as Excellent, with a score of 4.9 out of 5. This makes us one of the best law firms in the UK.

Get expert advice on injunctions tailored to your needs. Call our expert lawyers on 0207 459 4037 or book a Free Consultation using our online booking form below at a convenient time for you.

Understanding Injunctions in the UK

Injunctions offer critical protection for individuals facing harassment, property disputes, or other pressing legal issues. When neighbour disputes escalate beyond civil discourse, expert legal advice and, often, swift legal action are necessary to safeguard your interests. In this article, our expert injunctive relief lawyers provide a comprehensive overview of costs associated with obtaining an injunction in the UK, including practical advice to help you make informed decisions as to when injunctions are commonly used.

What is an Injunction?

An injunction is a court order designed to either prevent someone from performing a specific act (prohibitory injunction) or require them to act in a specific way (mandatory injunction). Unlike other orders, injunctions focus on future actions to prevent harm or enforce obligations, ensuring compliance with legal standards.

Types of Injunctions

Injunctions come in various forms, each tailored to address specific legal concerns and provide effective remedies. Whether you are seeking protection from harassment, resolving property disputes, or dealing with breaches of contract, different types of injunctions can offer the right solution for your case.

• Non-Molestation Orders: Often used in domestic abuse cases to prevent the abuser from contacting or approaching the victim.
• Occupation Orders: Determine who can reside in a shared home following domestic disputes.
• Prohibitory Injunctions: Prevent a person from engaging in harmful or damaging behaviour, like harassment or property interference.
• Mandatory Injunctions: Compel a party to perform a specific act, such as fulfilling contractual obligations.

Ignoring an injunction carries severe consequences, including arrest and possible imprisonment. Compliance with court orders is non-negotiable.

Need urgent protection through an injunction? Contact our expert legal team at 0207 459 4037 for a Free Consultation.

Common Reasons for Obtaining an Injunction

Injunctions are vital legal tools used to protect legal rights, individuals, businesses, and assets from harm or misconduct. They can be issued for a wide range of reasons, providing a swift remedy to prevent or mitigate further damage. Here are some of the most common scenarios where injunctions may be sought in the UK:

1. Protection from Harassment or Domestic Abuse

In cases involving harassment or domestic abuse, injunctions play a critical role in safeguarding victims, especially if they are victims of domestic abuse. Non-molestation orders, for example, are commonly sought to prevent abusers from contacting or approaching victims. These orders may also extend to specific locations, such as the victim’s home or workplace. Violating such an order can lead to arrest and even imprisonment, underscoring their seriousness.

2. Neighbour and Property Disputes

Neighbour disputes, such as trespassing, property damage, or boundary disagreements, often lead to the need for an injunction. In these situations, injunctions can stop a neighbour from performing specific actions, such as encroaching on your property or causing noise disturbances. An injunction might also compel a neighbour to rectify the damage they caused or abide by property boundaries.

3. Breach of Contract or Commercial Disputes

Businesses may seek injunctions to prevent another party from breaching a contract or from taking actions that could cause commercial harm, such as unauthorized building works. For instance, an injunction may be used to stop an ex-employee from sharing trade secrets or to prevent a competitor from engaging in unfair trade practices. This type of injunction—known as an interim injunction—can quickly halt harmful behaviour until a more thorough court hearing takes place.

4. Intellectual Property (IP) Protection

Intellectual property disputes are common in business and creative industries. An injunction may be necessary to protect trademarks, patents, copyrights, or confidential information. If someone unlawfully uses or reproduces your intellectual property, you can seek an injunction to prevent further infringement and stop any distribution or sale of infringing materials.

5. Enforcement of Restrictive Covenants

Restrictive covenants, often found in employment contracts, may prevent former employees from joining competitors or soliciting clients for a specified period. Employers may seek injunctions to enforce these restrictions and protect their business interests, especially if there is a risk of confidential information being misused.

6. Environmental and Public Nuisance Claims

An injunction may be necessary to stop activities that cause environmental damage or create a public nuisance, such as pollution, illegal dumping, or noise disturbances. These orders are particularly important for protecting public health, safety, and community welfare.

7. Preventing the Dissipation of Assets

In financial disputes or cases of potential fraud, a “freezing order” may be issued to prevent a person or entity from moving, hiding, or disposing of assets. This type of injunction ensures that assets remain available to satisfy any future court judgment or debt recovery.

8. Compelling a Specific Action

While many injunctions aim to prevent actions, mandatory injunctions compel a person or entity to perform a specific act. For example, a mandatory injunction may require a company to reinstate a dismissed employee or compel a landlord to carry out urgent repairs to ensure tenant safety.

9. Preventing Defamation

Individuals or businesses facing defamation (false statements that damage reputation) may seek an injunction to stop further publication or dissemination of defamatory content. This provides a means to protect their reputation while pursuing further legal remedies.

10. Safeguarding Property Interests in Divorce or Family Matters

In divorce or family law cases, an injunction may be issued to protect property interests related to domestic violence, secure living arrangements, or prevent a spouse from selling or hiding marital assets before the division of assets is finalised. Occupation orders can also regulate who resides in the family home during a separation or divorce.

Do you need protection through an injunction? Contact our expert solicitors today for tailored advice on safeguarding your rights. Call us on 0207 459 4037 or book a free consultation through our online booking form.

The Legal Basis for Obtaining an Injunction in the UK

To successfully obtain an injunction, you must meet specific legal criteria, and your case must present strong grounds for the court to issue such an order. Injunctions are granted under the discretion of the court and are governed primarily by the Civil Procedure Rules (CPR) and common law principles. The main aim is to provide immediate and preventative relief to avoid irreparable harm, maintain the status quo, or enforce legal rights.

What You Need to Prove to Obtain an Injunction

1. Legal Right and Cause of Action – You must demonstrate that you have a valid legal right that needs protection. This means that your claim must have a legal basis, such as preventing unlawful interference with your property, protecting against harassment, or enforcing contractual obligations. For example, if you are seeking an injunction to stop a neighbour from trespassing, you must show that you have a legal interest in the land that is being interfered with.
2. Urgency or Immediate Need – The court may consider issuing an injunction if your case demonstrates a sense of urgency or immediate need for relief. This is especially true for interim (temporary) injunctions. You must prove that waiting for a full trial could result in serious harm, damage, or loss that cannot be adequately remedied later.
3. Likelihood of Success at Trial (Serious Issue to be Tried) – In most cases, you must show that there is a “serious issue to be tried” – in other words, your case has merits worthy of further examination. This is not a full assessment of your case’s strength but rather a determination that your claim is not frivolous or without basis.
4. Balance of Convenience – Courts weigh the “balance of convenience” to determine whether granting or refusing the injunction would cause more harm. This means evaluating which party would suffer greater harm if the injunction were granted or denied. If the potential harm to you (as the applicant) from not granting the injunction outweighs the harm to the other party from granting it, then the court is more likely to issue the injunction.
5. Adequacy of Damages as a Remedy – The court will also consider whether monetary compensation (damages) would be sufficient to address your harm. If it finds that damages are an adequate remedy, it may refuse to issue an injunction. For example, in commercial disputes, if financial loss can be calculated and recovered through damages, a court may be hesitant to impose an injunction unless you show that damages alone are inadequate.
6. Clean Hands Principle (Equitable Remedy) – An injunction is an equitable remedy, meaning you must approach the court with “clean hands.” This means you must have acted fairly and honestly about the dispute. If you have engaged in misconduct related to the matter, the court may deny your request for injunctive relief.
7. Potential Undertaking as to Damages – When seeking an injunction, you may need to give an “undertaking as to damages.” This is a promise to compensate the respondent if it turns out that the injunction was wrongly granted and caused them harm. This requirement underscores the seriousness and potential risk involved in seeking an injunction.

Additional Requirements for Specific Types of Injunctions

1. Non-Molestation Orders – You must provide evidence of domestic abuse, threats, or harassment and demonstrate that the order is necessary to protect you or your children.
2. Occupational Orders – You must prove that your safety or well-being, or that of your children, is at risk within the home.
3. Privacy and Defamation Injunctions – You must show that publication or disclosure of specific information would cause irreparable harm or breach your privacy rights.

Have questions about your eligibility or need legal advice? Call our expert solicitors at 0207 459 4037 or book a free consultation using our online form today.

Costs of Obtaining an Injunction in the UK

Court Fees and Legal Costs Overview

The cost of obtaining an injunction depends on several factors, including the complexity of your case, legal representation, and urgency.

• Solicitor Fees: £1,000 – £10,000 plus VAT depending on experience and case complexity of the case.
• Barrister Fees: £200 – £500 per hour if court representation is required.
• Court Fees: Generally £308 but may vary based on the type of injunction and court procedures. Fee waivers may be available for individuals on low incomes.

Costs can quickly escalate for complex cases that require expedited actions or extensive legal work. Therefore, accurate cost estimation and financial preparation are essential.

Factors Influencing Costs

1. Case Complexity: More complex matters require additional research, preparation, and court time, raising solicitor and barrister fees.
2. Urgency: Emergency applications, such as ‘without notice’ injunctions, can increase legal costs due to expedited service needs.
3. Court Venue: High Court applications often come with higher fees than County Court.
4. Legal Aid Eligibility: Those with limited financial means may qualify for legal aid, substantially reducing out-of-pocket costs.

Looking for cost-effective legal solutions? Schedule a Free Consultation with our expert solicitors today. Use our online booking form or call us at 0207 459 4037 to discuss flexible pricing and tailored legal strategies to meet your needs.

Factors Influencing the Cost of Injunctions

The cost of getting an injunction can change. It depends on many factors. A major part of the cost is how hard the case is. Complicated cases take more time and resources for research and preparation. This means you will pay more in legal fees.

Urgency is an important thing to think about. If your situation requires quick action and an injunction immediately, you may have to submit a ‘without notice’ application, which includes a return date for the hearing. This type of application usually comes with a higher court fee. If you need a barrister for urgent matters, this will also increase the total cost.

How Urgency Affects Legal Expenses

When you need legal help quickly, how urgent your case is can affect the cost of an injunction. In these urgent cases, you may need to ask for an interim injunction. This is a temporary order that gives quick protection.

These applications usually need quick help, often on the same day. This means your solicitor has to work fast, which can lead to extra fees. In such cases, if your situation is really urgent, you might need to file at the High Court instead of the county court. The High Court can handle urgent and complex cases, but it usually costs more than the county court.

The difference in fees adds to the total legal costs. In urgent cases, you might need to hire a barrister who can get injunctions. This is very important if your case is complex or risky. Hiring a barrister can be essential, but it can also raise the legal costs due to their special skills.

Reducing the Cost of Obtaining an Injunction

By exploring options like legal aid, considering alternative dispute resolution methods, and seeking out cost-effective legal representation, you can manage the financial impact of obtaining an injunction.

Practical Steps to Minimise Injunction Costs

1. Explore Legal Aid Options – Legal aid is available for individuals with limited financial means, covering part or all of the costs associated with obtaining an injunction. The Legal Aid Agency (LAA) evaluates eligibility based on income, savings, and the specifics of your case. If you qualify, legal aid can significantly reduce costs for legal representation and court fees. Be sure to contact a law firm that offers legal aid services and discuss your options with a qualified solicitor.
2. Consider Mediation or Alternative Dispute Resolution (ADR) – In some cases, resolving disputes through mediation or ADR can be a cost-effective alternative to pursuing a court-ordered injunction. Mediation involves the assistance of a neutral third party who helps all involved parties reach an agreement, reducing legal fees and minimising court costs. While not always suitable for all types of cases, especially those involving urgent protection needs, mediation can be beneficial for commercial disputes or property matters.

Seeking Legal Aid for Injunction Proceedings

Legal aid is essential for people who need legal help but have limited funds. If you are considering starting an injunction procedure but are concerned about the costs, check if you can get legal aid. Not every law firm offers legal aid, so make sure to find one that does.

The Legal Aid Agency (LAA) helps people in England and Wales with legal aid. When you ask for help, they will check your money situation and the details of your case. They will look at your income, savings, and spending to see if you can get financial support.

Getting legal aid can lower your costs a lot. But keep in mind that it might not pay for all your expenses. At times, you may have to cover some costs depending on your money situation. It is important to talk with your legal aid solicitor about all costs and funding options. This will help keep everything clear during the whole process.

Expert Injunctive Relief Solicitors in London

It is important to understand the costs of getting an injunction in the UK. The price can change based on how urgent or complex your case is. At Go Legal, our injunction solicitors offer expert legal support tailored to your unique situation, ensuring you get the protection you need. Our team is committed to making high-quality legal assistance accessible, with flexible pricing options and fixed fees available to suit your budget. Call us today on 0207 459 4037 or use our online booking form below to schedule your Free Consultation and take the first step toward safeguarding your rights.

Frequently Asked Questions About Injunction Costs and Legal Process in the UK

What is the average cost of obtaining an injunction in the UK?

The average cost can change based on different things. It depends on how hard the case is and if you need a barrister. You usually have to pay a court fee and fees for legal representation from a solicitor. These costs can range from a few thousand pounds to much more.

Are there any alternative options available for those who may not be able to afford the costs of seeking an injunction in the UK?

Yes, getting legal aid for money problems or thinking about mediation as a cheaper option than going to court could help. Other ways to save money include working out a payment plan with your solicitor.

Can I apply for legal aid to cover injunction costs?

You can ask for legal aid to help cover the costs of court proceedings, like injunctions. The LAA manages the application process. They will check your financial status to see if you qualify based on certain rules.

Does the complexity of a case significantly affect injunction costs?

Yes, complexity really influences legal fees. More complicated cases, like commercial disputes, need greater legal expertise and take longer. They also bring higher court fees and extended legal processes. This results in higher costs.