How to Respond If an Injunction Is Filed Against You
Receiving notice that an injunction has been filed against you can be a stressful and confusing experience. Whether it’s related to a business dispute, personal relationship, or property matter, it’s vital to understand your rights and obligations — and to act quickly and strategically.
This guide explains what to do if you’re the subject of an injunction in the UK, including your legal options, how the process works, and how a solicitor can help you protect your interests.
What Is an Injunction?
An injunction is a legal order issued by a court that requires someone to either do something or stop doing something. Common examples include:
- Restraining orders in domestic abuse cases
- Non-molestation or occupation orders
- Freezing injunctions preventing disposal of assets
- Commercial injunctions preventing breach of contract
- Injunctions relating to harassment or defamation
They are often granted on an urgent basis — sometimes without notice to the respondent (you) — especially if the court believes there’s a risk of harm, evidence destruction, or asset dissipation.
Step-by-Step: What to Do If an Injunction Is Filed Against You
1. Stay Calm and Read the Injunction Carefully
The first and most important step is to read it and the supporting documents thoroughly. Pay attention to:
- The exact terms of what you’re prohibited or required to do
- The deadline for your response or next court appearance
- The reasons the applicant gave for seeking it
- Whether it was granted “without notice” (i.e., without your knowledge)
Do not ignore it. Breaching it — even unintentionally — can result in serious legal consequences, including contempt of court charges, fines, or imprisonment.
2. Contact a Specialist Injunction Solicitor Immediately
Legal representation is crucial. A specialist injunction lawyer will help you:
- Assess whether it was lawfully obtained
- Advise you on your legal options and next steps
- Prepare evidence and arguments for the next hearing
- Challenge or vary the terms of it if appropriate
- Negotiate with the applicant’s legal team if necessary
Injunction law can be complex and highly procedural. Having a solicitor on your side greatly increases your chances of a favourable outcome.
3. Gather Evidence in Your Defence
You will need to present your side of the story clearly and persuasively. Start compiling any documents, messages, contracts, photos, or witness statements that help explain your position or refute the allegations.
In cases of business or financial disputes, this might include emails, transaction records, or communication with the applicant. In personal or harassment-related cases, screenshots or messages may be key to your defence.
4. Attend the Court Hearing
You will likely be required to attend a hearing where the court decides whether the injunction should remain in place, be varied, or be discharged altogether.
If it was granted without notice, you usually have the right to a “return date” hearing within 7–14 days, where you can challenge it.
At the hearing, the judge will consider:
- Whether it is necessary to prevent harm
- The balance of convenience between the parties
- Whether damages would be an adequate remedy
- Whether the original applicant acted fairly and honestly
5. Apply to Vary or Discharge the Injunction (If Appropriate)
If it is unjust, too broad, or based on incorrect information, you can apply to the court to have it changed or cancelled. Your solicitor will help you file the appropriate application and supporting documents.
You can ask the court to:
- Discharge (remove) the injunction entirely
- Vary (change) the terms of the injunction
- Limit the duration of the injunction
- Dismiss the underlying claim if it lacks merit
What Are the Consequences of Breaching an Injunction?
Breaching an injunction is a serious matter. It may result in:
- Being held in contempt of court
- Fines, asset seizures, or imprisonment
- Damage to your reputation or business relationships
- A permanent injunction being issued
If you believe you’ve unintentionally breached the injunction or are at risk of doing so, speak to your solicitor immediately. The court may be more lenient if you take prompt, honest steps to rectify the situation.
Can You Settle Outside of Court?
Yes — in many cases, it is possible to resolve the underlying dispute through negotiation or mediation. If both parties agree, the injunction can be withdrawn or replaced with mutual undertakings (promises enforceable by the court).
This can be faster, less expensive, and less adversarial than going through a full trial. Your solicitor can facilitate these discussions and draft the necessary legal documents.
Conclusion
Being served with an injunction is not the end of the road — but it is a situation that requires swift, careful, and informed action. By understanding the nature of the injunction, securing legal representation, and preparing a strong response, you can protect your rights and potentially have the order discharged or modified.
If you’re facing an injunction in London or anywhere in the UK, contact our experienced injunction solicitors without delay. The sooner you act, the better your chances of resolving the matter effectively and avoiding lasting legal consequences.