Are injunctions required?
- If the breach is ongoing, and / or there is a risk that information will be published you should consider urgently whether you need an injunction or similar remedy from a competent court to prevent continuation of the breach or further disclosure
- While considerations for injunctions vary from jurisdiction to jurisdiction, typically, you should consider:
- Is it possible to seek an urgent interim injunction to prevent a specific act in the short term?
- Interim injunctions are sought before or during the hearing of the substantive merits of the case
- Such injunctions typically remain in force until discharged by the court
- Factors the court will take into account when seeking an interim injunction vary across jurisdictions but may include:
- The broader context in which the injunction is sought. Different jurisdictions may have different tests in this regard. For example, testing whether there is a serious question to be tried or a likelihood of success in the action upon which the injunction is based;
- The consequences for the parties of not granting the injunction; and
- Other factors which the court is required to consider by law in a particular jurisdiction
- Is it possible to seek an urgent interim injunction to prevent a specific act in the short term?
- If necessary, jurisdiction-specific legal advice should be sought to understand the relevant considerations in a particular market.
