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Obtaining an emergency injunction

Emergency injunction in the UK

There are circumstances where the court will be willing to grant you an emergency injunction to protect you from an imminent risk of blackmail or harassment.

Table of content

What is an emergency injunction

Privacy blackmail emergency Injunction

Emergency injunction in the UK

Emergency injunction to prevent online harassment

Is it possible to apply for an urgent injunction

How fast can you get an injunction

How many days does an emergency order last

Can you apply for an urgent injunction without notice to the other side

Legal assistance on emergency injunctions

What is an emergency injunction

An emergency injunction can be temporary and last for between 2 and 4 weeks. They are implemented when there is immediate and irreparable damage that could result if the injunction is not granted. Injunction applicants must demonstrate that their case is likely to succeed on its merits, that they will suffer serious harm if it is not granted, and that the balance between the harms favours the grant of the injunction. The emergency injunction will be effective until a hearing on a longer-term one can be held.

The party seeking an emergency injunction must show that they will continue to suffer harm if the injunction is not granted, that the balance favours the granting of the injunction and that their case is likely to succeed on its merits. The injunction will continue until the case is resolved if they succeed. You should immediately contact a lawyer if you feel you are in imminent danger.

Privacy blackmail emergency Injunction

An emergency privacy and blackmail injunction to stop someone blackmailing you is a court order. An injunction can be obtained to prevent blackmailers from reaching you, and your family or publishing any private information about you. Although you can file a police complaint and bring criminal charges against the blackmailer, many celebrities feel that asking the police for assistance with blackmail could prove counterproductive as this is likely to result in the victim losing control over their blackmail case and becoming dependent upon the police to do their job properly.

The standard of proof when it comes to police involvement in blackmail cases is very high and therefore cannot always be met. This could leave the victim without the instant solution they are required. An approach to the police by a victim of blackmail could also give away the possibility that the blackmailer is being watched by law enforcement.

An emergency blackmail injunction can be issued by the court quickly and without notifying the person against whom the injunction is being sought. This powerful tool is used when there is an immediate danger of harm and it is impossible to wait for a full hearing or for the police to complete their investigation. An emergency injunction becomes effective immediately after it is issued.

Emergency injunction in the UK

An emergency injunction in the UK is a court order that is used to stop someone from doing something that would cause irreparable harm. It is also known as a ex parte injunction. This type of injunction is usually used when there is not enough time to give notice to the other party or when the harm that would be caused by waiting for a hearing  or by giving the other party notice of the hearing would be greater than the harm caused by granting the injunction.

Emergency injunction to prevent online harassment

Only in exceptional circumstances would the court grant an emergency harassment injunction without notice to the other side of your harassment emergency injunction application. You will most likely need to prove that the harasser has escalated their harassment towards you in order to be eligible for an emergency injunction.

You may be eligible for an emergency injunction if you have been victim to online harassment and there is an imminent risk that the court can prevent by granting the emergency harassment injunction. This harassment injunction can be used to stop harassment and deter the perpetrator from engaging further in harassing behaviour. You should consult an experienced harassment lawyer if you suspect you have been the victim of harassment online.

Is it possible to apply for an urgent injunction

Yes. The most common cases where you can apply for an urgent harassment injunction are:

  1. Domestic violence or stalking and harassment
  2. If you're being blackmailed
  3. Coercive control by a partner
  4. If there is a danger that your sensitive information could be published on the internet or shared with unauthorised third parties.

How fast can you get an injunction

If you act quickly and submit the necessary paperwork to the court, you can obtain an emergency injunction. Within hours of receiving your instructions, we can apply for an urgent injunction. We will require some time to prepare the emergency injunction depending on your case. This ensures that the emergency injunction application is presented to the judge with maximum success.

You can request an emergency hearing to have a judge decide the application outside of normal business hours. These hearings can be conducted over the telephone if they are held at night or on weekends. A judge is also present at the High Court, who is available after normal work hours.

The judge will hear your application for an emergency injunction. We recommend that you inform us immediately if you think you may need an emergency injunction in the future. This will allow us to prepare your case as fully as possible and "pull the trigger" instantly as the need for the emergency injunction arises.

How many days does an emergency order last

A typical emergency injunction lasts between one and two weeks. It might last longer in exceptional circumstances. An emergency injunction granted will be subject to a second hearing one or two weeks later.

This is so that the court can decide if the emergency injunction should remain in effect or not after the respondent has had the opportunity to seek legal advice. The court might extend an emergency injunction to protect the applicant in certain cases.

Can you apply for an urgent injunction without notice to the other side

Yes. An urgent injunction may be issued by the court without notice if it is necessary to protect against imminent, severe and irreparable damage. In such cases, the court will accept that it was appropriate in the circumstances for you to not give the opposing party the opportunity to speak and present their side of the story at court during the emergency injunction hearing.

In some cases, the court might acknowledge that giving notice of the urgent order to another party could negate the purpose of the request for an injunction and be detrimental to the purpose of the injunction. This is especially true if there is a risk that, upon receiving notification of the emergency injunction application, the other person will perform the exact same acts that the emergency injunction seeks to stop them from performing.

Legal assistance on emergency injunctions

A specialist lawyer should be contacted if you require legal advice regarding emergency injunctions. An emergency injunction is a legal order that can be issued by a court to protect someone from harm. However, if the lawyer you are working with does not apply correctly for the emergency injunction, it could lead to severe and painful consequences.

There are many types of emergency injunctions. Because of the global nature of the internet, you must consider that the specific legal requirements for each jurisdiction vary. Cohen Davis Solicitors have extensive experience in representing applicants in urgent interim applications outside of court hours and in a variety of jurisdictions. Our particular expertise is in emergency privacy and breach of confidence injunctions. Check out this sample of cases our lawyers have handled regarding emergency Injunctions cases.

These types of applications are often very time-sensitive. We know this and strive to provide a fast and efficient service. No matter the time of day, we are available to answer your calls and provide advice and assistance.

Are you a victim of harassment? Time might be of the essence. Call us now for legal advice on +44 207 183 4123 or send a confidential contact request and we will contact you as soon as possible.

 

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