How to Manage a Media Crisis

Taylor Hampton Solicitors’ latest update examines how we assist clients with  urgent injunctions.

Facing a Media Crisis?

Words travel at the speed of light. If someone has uploaded defamatory material, you need to act quickly to minimise the exposure and the damage they may do.  In an age where information spreads rapidly through traditional and social media, how an individual or organisation responds is crucially important to how the published information may impact their reputation.

When a media crisis is unfolding, going the legal route is often your best chance at handling the situation with certainty. There could be several different legal options available to you, when time is of the essence, it’s important to get it right.

Taylor Hampton are experts in obtaining injunctions including resolving breaches of privacy and confidential information leaks, especially when the situation is critical. We know that every minute counts.

What are Injunctions?

Injunctions are court order that require a party to perform a specific act, or refrain from performing a specific act. Therefore, injunctions are a powerful primary tool used to prevent the publication or to remove a publication of defamatory material.

There are several specific types of injunctions:

1. Prohibitory Injunctions: Preventing a party from performing a specific act.
2. Mandatory Injunctions: Require a party to perform a specific act.
3. Freezing Injunctions (or Mareva Injunctions): Prevent a party from dissipating their assets, ensuring future judgments for payment can be paid.
4. Search Orders (Or Anton Piller Orders): Allow a party to search another party’s premises to search for and seize evidence.

Injunctions can be temporary or permanent. Permanent Injunctions are granted by the Court as a remedy to the winning party at the end of a trial. However, as is the case with media crises, you can’t wait that long! Where the matter is urgent, you can immediately apply for a temporary injunction, known as an Interim Injunction.

Interim Injunctions

Interim injunctions are sought when one party believes that the other party’s actions are causing or will cause substantial harm.

These injunctions are temporary, meaning that if granted they will only apply until the Court makes a final ruling. At the end of the case, the temporary injunction may be replaced by a permanent injunction or dismissed. .

Obtaining an Interim Injunction and Urgent Injunctions

The standard procedure requires a party to apply to the court for an interim injunction by issuing the relevant application. This necessitates  providing evidence of the facts that justify why an injunction is necessary. Usually, the court will hold a hearing where both parties can argue why the order should or shouldn’t be granted.

In urgent scenarios, the court may grant a “without notice” injunction (without the presence of the other party) where immediate harm is extremely likely. These urgent injunctions are usually temporary, requiring a return hearing where both parties can present their arguments.

The applicant will typically be asked to provide an undertaking to compensate the respondent for any losses suffered due to the injunction if it is later found to have been wrongfully granted by the Court.

Why choose Taylor Hampton?

Our team are experts in obtaining injunctions, including emergency urgent interim injunctions, especially in the context of breaches of privacy and breaches of confidence. Interim Injunctions in defamation cases are  more difficult to obtain, because of free speech considerations, but not impossible.  Privacy injunctions can be granted when there is a threatened potential misuse of private information.

When the matter is urgent, we act swiftly and efficiently to protect our client’s reputation. Taylor Hampton understands that time is always of the essence, and you need expert solicitors to jump in at a moment’s notice to handle your situation.

 For further information

For further information please call:  +442074275970 or write to:

Megan O’Boyle at [email protected]

Jay Joshi at [email protected]

Daniel Taylor at [email protected]

Emergency number:  +447881821316