Civil Litigation & Disputes: Injunction Specialisation

The Civil Litigation & Disputes practice area in New Zealand focuses on resolving disagreements between people or organisations. One important part of this area is called "injunctions." An injunction is a legal order that tells someone to do something or to stop doing something.

What is an Injunction?

In simple terms, an injunction is like a "stop sign" from the court. It can be used in various situations. For example:

• Stopping Harm: If a neighbour is building a fence that will block your view or damage your property, you might ask the court for an injunction to stop the construction until the issue is resolved.
• Protecting Rights: If a company is using your trademark without permission, you can seek an injunction to prevent them from using it further.
• Preventing Breach of Contract: If someone is about to break a contract, like a lease agreement, you can ask for an injunction to make them stick to the terms.

How Does it Work?

To get an injunction, you usually need to show the court that:

• You will suffer serious harm if the injunction is not granted.
• The harm you face is greater than any harm the other party might face if the injunction is granted.
• You have a strong case that you are likely to win if the matter goes to trial.

In New Zealand, injunctions can be temporary or permanent. A temporary injunction is often granted quickly to stop something from happening while the court looks at the case more closely. A permanent injunction is decided after a full hearing.

Why is it Important?

Injunctions are important because they help protect people's rights and prevent harm. They can provide quick relief in urgent situations, allowing individuals and businesses to resolve disputes without waiting for a lengthy court process.

If you find yourself in a situation where you need to stop someone from doing something harmful, or if you need to protect your rights, seeking legal advice about an injunction can be a crucial step.

In summary, the Civil Litigation & Disputes practice area, particularly the injunction specialisation, plays a vital role in ensuring fairness and justice in New Zealand's legal system.