Conor McLaughlin & Associates can help you obtain an injunction which is a remedy awarded by a court to protect your legal right rather than to compensate for a breach of that right. The aim of an injunction is to maintain the status quo between the parties from the granting of an injunction until the final disposal of the action in Court or otherwise. An injunction can be temporary or permanent. A temporary injunction only lasts until the hearing of the substantive action.
A permanent injunction will only be granted at the end of a hearing and if the plaintiff can prove that damages are not an adequate remedy.
Quia timet injunction.
A quia timet injunction prohibits a projected actionable wrongful act where such an act is threatened, apprehended or imminent. It can also be sought to avoid the repetition of wrongful acts.
A Mareva injunction is directed towards a party, typically a debtor, whom it is feared may remove, conceal or dissipate their assets prior to a part, such as a creditor taking proceedings against him. A Mareva injunction will not, for example, improve in principle the position of the creditor who knows that a company is to be wound up. The Mareva injunction simply improves the chances of there being funds available.
Anton Piller Injunction
An Anton Piller Injunction is used to preserve key evidence and ensure that trials are not frustrated due to a lack of evidence which is a key factor in litigation. An Anton Piller order is a form of mandatory injunction requiring the defendant to permit the plaintiff or his agents to enter the defendant’s premises with a view to inspecting and potentially removing items of evidence. The orders are granted in very limited circumstances.
A Bayer injunction prevents the defendant from leaving the jurisdiction.
Section 160, planning and development act, 2000
A Section 160 Injunction seeks to prevent an unauthorised development.
Legal Services Offered:
- Quia timet injunction;
- Mareva injunction;
- Anton Piller Injunction;
- Bayer injunction; and
- Section 160, planning and development act, 2000.