Editor's Note

From my experience in being on the issuing and (sometimes) receiving end of injunctions over the last 30 odd years I feel I can say with some degree of confidence that "he who injuncts wins".

In the vast majority of all the injunctions that Mishcon's International Injunction Group has been involved with over the last two years (over 100 injunctions) the dispute in question was resolved in favour of the applicant within 90 days from the date the injunction was granted. This means that the applicant was able to force the other side to capitulate or agree to a completely one-sided settlement no more than 90 days from the time the injunction was granted.

If these statistics are in any way representative of the experience of other litigators in the UK (and our anecdotal feedback from the barristers we are using says that they are), I think that the mantra of every hot blooded litigator at the outset of every case should be "can we get an injunction?"

In light of the overwhelming tactical advantage that an injunction provides to a litigant, we at Mishcon feel that the injunction deserves pride of place in the tool box of every litigator or dispute resolver.

Our small contribution to acknowledging the significance of the injunction in modern day dispute resolution is to dedicate a regular briefing to the topic of injunctions, of which this is the first.

We will be looking at what we believe are the more significant and/or interesting developments in the law and practice of injunctions (in the UK and sometimes abroad). Where appropriate we will also be adding some commentary from either a member of our team or other contributor (or both), on what has been described by our Judiciary as "the nuclear weaponry of the High Court."

We invite everyone whether practitioner, litigant, third party, supervising solicitor, forensic accountant, forensic computer analyst, investigator, academic or interested observer to contribute their views/comments/experience of being involved in, or affected by, an injunction.

In this way we can share with each other the good, the bad and the ugly experiences of the world of injunctions.

My e-mail address is shown below and I encourage you all to send me your views, news and comments on anything to do with injunctions and (provided they are not too offensive) I promise to give the most interesting or amusing contributions pride of place in this little missive.

Welcome to the inaugural edition of Mishcon Injunctions. Enjoy!

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