For many years Samuel Phillips Law Firm has retained a strong and successful working relationship with...
Samuel Phillips Law Firm's family law department is widely recognised as one of the leading teams of experts in Newcastle.
Starting or growing a business can give the owners an enormous sense of pride and satisfaction.
Samuel Phillips Law Firm can count a number of north east educational establishments as regular clients. From this experience we understand the language and priorities of the education sector and can therefore deliver bespoke solutions that precisely meet the needs of the organisation.
We are very proud to count one of the UK's largest police forces as a long standing client...
Samuel Phillips Law Firm work with a wide range of non profit organisations and support their need to protect their interests...
by July 11, 2016Published on
We thought it might prove useful to include an occasional feature covering an HR topic in slightly more detail. This month we look at Injunctions and their application in the workplace.
Injunctions can be used in a variety of circumstances but typically it is an Order from the Court that prevents or compels a party to act in a particular way.
Because of the nature of this legal instrument it’s not surprising that an injunction isn’t always a certainty to obtain given it’s made at the Court’s discretion.
The terms for granting an injunction:
There are two types of Injunction, they can be either “On Notice” or “Without Notice”
“on notice” as it suggests this is where you are communicating with the other side (party) and advising that you are seeking the injunction, confirms when an application has been made and where and when it is being heard.
“without notice” injunctions are only granted where the applicant can provide sufficient supporting evidence as to why they shouldn’t inform the other side of their intentions. Typically, a “without notice” application will be granted where the Court agrees with the applicant that notification could result in the destruction of essential evidence, data, money or where a competitive threat may be realised through prior communication.
When to Consider Injunctions in HR Matters
Overall the Courts role is to consider the merits of the case.
The reason why an injunction is a last course of action yet can be so effective is the fact that the ultimate sanction for any breach of an injunction is imprisonment.
If you have any queries or concerns relating to injunctions or their possible implementation,
please contact Robert Gibson on 0191 232 8451
February 1, 2019
Our latest employment law update is available to download here :