A counter-injunction is a legal remedy sought by a party in response to an injunction issued against them. It is a request to the court to prohibit the party who obtained the initial injunction from taking certain actions or to modify the terms of the original injunction. The purpose of a counter injunction is to protect the rights and interests of the party against whom the initial injunction was issued. The court will consider the merits of the counter injunction and may grant it if it finds that the party seeking the counter injunction has a valid legal basis and that it is necessary to prevent irreparable harm or injustice.
A counter injunction is a legal remedy sought by a party in response to an injunction issued against them. It is a court order that prohibits the party who obtained the initial injunction from taking certain actions or requires them to take specific actions.
A counter injunction can be sought when a party believes that the initial injunction obtained against them is unjust or unfair. It allows them to challenge the terms of the injunction and seek a different outcome.
To apply for a counter injunction, you need to file a formal application with the court that issued the initial injunction. You will need to provide evidence and arguments supporting your case for why the injunction should be modified or lifted.
The grounds for seeking a counter injunction may vary depending on the specific circumstances of the case. Generally, you would need to demonstrate that the initial injunction is causing you harm, is based on incorrect or incomplete information, or is an abuse of the court’s power.
In certain urgent situations, a counter injunction may be granted without notice to the other party. However, this is typically an exceptional circumstance, and the court will require strong justification for granting such an injunction without giving the other party an opportunity to be heard.
If a counter injunction is granted, it modifies or lifts the terms of the initial injunction. The party who obtained the initial injunction will be bound by the terms of the counter injunction and may be required to take certain actions or refrain from certain activities.
The duration of a counter injunction will depend on the specific terms set by the court. It may be temporary, lasting until a final decision is reached in the underlying case, or it may be permanent if the court determines that the initial injunction was unjust.
Violating a counter injunction can have serious consequences, including being held in contempt of court. This may result in fines, imprisonment, or other penalties as determined by the court.
Yes, if you can demonstrate that the initial injunction caused you harm, you may be able to seek damages. However, it is important to consult with a legal professional to understand the specific requirements and limitations for seeking damages in your jurisdiction.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 4th May 2024.
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