Securing an urgent Court Order (Injunction)

Taking legal action is often a lengthy process, which is why it is sometimes necessary to secure an urgent court order before a hearing. In this case study, we recount how our head of the litigation department and managing partner, Jonathan Starck, successfully secured an urgent court order on behalf of a recent client.

Jonathan Starck

The case

A recent client instructed us after his role as chair of a charity was unlawfully terminated by some of the charity’s ex-directors in a manner which defied the charity’s articles of association. These directors removed our client in order to gain improper control over the £156,000 sum contained in the charity’s bank account, as well as to reinstate the two ex-directors who had been expelled for misconduct. The directors intended to name one of the expelled directors as the interim chair following our client’s removal.

The charity’s articles of association stated that for the chair to be removed, a meeting must be called by more than two directors, with proper notice given to all members. The supposed meeting arranged to discuss the removal of our client from his role was called for by only 2 directors who wanted our client removed and no proper notice was given to members. Therefore, decisions made in that meeting were unlawful as per the charity’s Articles of Association. In addition, our client stated he was physically barred from entering the building where the meeting was to take place: a local community centre. Consequently, he was denied the opportunity to defend himself.

This community centre is of great importance to the charity, as it was used by the charity to provide support and services for a local community who struggled with language barriers and discrimination. Additionally, renting out the community centre provided the charity with essential income in order to continue running. Following its occupation by the directors the locks to the community centre had been changed, charitable activity had been adversely affected and the community were suffering.

The outcome

Our client was chiefly concerned with ensuring that the charity could continue to perform its vital work for the community. Consequently, we managed to secure an urgent court order at the high court of justice ordering the community centre to be returned to the charity and for our client to be reinstated as chair. The charity has re-opened and is once again providing its vital work for the community.

What are articles of association?

Each limited company has Articles of Association dictating how the company is to be run, in order to prevent figures of authority being able to take advantage of its members. The rules dictated in the Articles of Association apply to all members, directors and anyone with authoritative power and anyone of these groups may enforce these rules.

As demonstrated in the above case, you can seek litigation if anyone within a company is not abiding by the company’s articles of association. You could claim for damages, or apply for a court order in order to force the individual or group to cease activity which defies the company’s rules.

How do court orders work?

A Court Order (sometimes referred to as an injunction) can force an individual or group to do something, or forbid them from continuing their behaviour. You can make a claim for damages alongside an application for a court order, but a court order is only granted in situations where damages alone are not a sufficient solution to the matter at hand.

They are usually served once court proceedings have begun, but can be served urgently should there be due cause; for example, our client obtained an urgent court order to prevent the ex-directors from accessing the charity’s finances. Urgent court orders are considered interim until a set date or until court proceedings conclude, at which point the court will decide whether or not to make the injunction permanent.

What happens if someone breaks a court order?

Breaching a court order is illegal and the perpetrator will be held in contempt of court as a result. They may be punished with a fine or could even face imprisonment.

In what circumstances can I apply for a court order?

You can apply for a court order on the condition that a financial remedy will not be an effective solution. They must however be served for an appropriate reason, for example:

• You have reason to believe an individual poses a threat to yours or your family’s safety. For example, a non-molestation order can prevent perpetrators of domestic abuse from being able to have any form of contact with their victims. You can read more about this in our blog on domestic abuse.
• An asset of yours is at risk of being damaged or lost due to another person’s actions. This can be prevented via an injunction known as a freezing order.
• Someone is damaging (or threatening to damage) your reputation.
• You require evidence related to your matter – this would be called a search order.
• Someone poses a threat to your business or personal interest. This was the condition on which our client managed to have a court order passed, on account of his position as a trustee of the charity.

How do I apply for a court order?

You will need to complete a Form N16A to be sent to the court, which can be obtained from the government website. To ensure your application is successful, you may need to make an application for a court order as soon after court proceedings have begun as possible, or as soon as it becomes necessary if you need an interim court order – injunctions are granted at the court’s discretion and any delay in making your application might work against you. Your application should include what order you want to be made and why.

If you are applying for an interim injunction, you will also need to include the date of your court hearing in your application, and submit a witness statement with evidence depicting how your rights are being denied by the opposition. Plus, as the opposition will not have a chance to defend themselves before an interim injunction is made, you must include any points which may benefit the opposition; failure to do so may lead to the injunction being set aside by the court and the opposition can make a claim for damages incurred as a result of the injunction.

Our litigation solicitors can help you gather this evidence and make a strong application to the court.

How much does it cost to apply for a court order?

As of September 2021, applications for court orders (not including non-molestation orders or other family injunctions) cost £332 if court proceedings are to take place at a county court, or £569 if proceedings are to take place in the high court. For non-molestation orders or other injunctions related to family law, there are no fees payable.

It is advised you seek legal assistance if you are considering applying for a court order. Our solicitors can help you ensure your application is correct and provides a strong argument.

How Starck Uberoi Solicitors can help

As legal professionals, we are dedicated to the preservation of justice and order. We can advise you on seeking injunctions and ensure your legal rights are protected. Our litigation team are known for their consistently high success rates at court and will go the extra mile to secure a favourable outcome for you.

For more information, visit our Civil and Commercial Litigation Pages. To book an appointment with a solicitor, please call 020 8840 6640 or email solicitor@starckuberoi.co.uk. Our offices are located in Brentford, Ealing, London Belgravia and Canterbury, and are all easy to reach by public transport. Our partner, Raminder Singh Uberoi, can also provide a Notary Public service at any of our offices.