What Are Interim Measures, Attachment, and Temporary Injunctions?
Interim measures are procedural arrangements that allow claims to be secured while awaiting the ordinary enforcement process. Interim measures include both attachment and temporary injunctions. Attachment is used to secure monetary claims, while temporary injunctions are used to secure claims other than payment of money.
The general rules on interim measures are found in Chapter 32 of the Dispute Act, while the specific rules on attachment and temporary injunctions are found in Chapters 33 and 34, respectively.
Interim attachment
Attachment simply means that the court decides that the defendant, for a temporary period, loses the right to dispose of certain assets to the detriment of the claimant. For example, attachment may involve freezing an amount in a bank account or imposing restrictions on the disposal of property pending judgment in a case concerning a monetary claim.
Temporary Injunction
A temporary injunction simply means that the court decides that the defendant must refrain from, perform, or tolerate an action, or that an asset must be removed from the defendant’s possession and placed under custody or management. For example, a temporary injunction may require the defendant to refrain from selling a product pending judgment in a patent dispute, or to remove a roadblock pending judgment in a case concerning road rights.
Conditions for Interim Measures
The basic conditions for interim measures are that there is a principal claim and a ground for securing the claim.
The principal claim is the claim to be secured. In the case of attachment, the principal claim may be a claim for damages, and for temporary injunctions, it may be a claim for copyright or road rights.
The ground for securing the claim is one or more circumstances that give the claimant special reason to secure the claim. For attachment, the ground must be that there is reason to fear that enforcement of the monetary claim will either be lost, significantly complicated, or must take place abroad. For temporary injunctions, the ground must be that pursuit of the claim would otherwise be significantly complicated, or that a temporary injunction is necessary to prevent substantial harm or inconvenience, or to prevent violence.
In addition to the basic conditions of principal claim and ground for securing the claim, there is a requirement that a balancing of interests must support interim measures. This requirement is most relevant for temporary injunctions, as the rules expressly state that a temporary injunction cannot be granted if the harm or inconvenience to the defendant is clearly disproportionate to the claimant’s interest in the injunction. The principle also applies to attachment, although the issue is less frequently raised because attachment is usually less intrusive than a temporary injunction.
How to Obtain Interim Measures
Interim measures can be obtained by submitting a petition to the court. The petition must include a factual and legal explanation of the principal claim and the ground for securing the claim. Normally, the court will then present the petition to the opposing party, possibly set a deadline for a response, summon the parties for an oral hearing, and finally make a decision.
In special cases, however, the court may decide on interim measures without notifying the opposing party and without holding an oral hearing. In such cases, the parties may request subsequent oral hearings regarding the interim measure.
Duration of Interim Measures
Interim measures simply last until other sufficient security for the principal claim is provided, the principal claim is fulfilled, or the principal claim lapses. In practice, the duration of an interim measure can range from a few minutes to several years.
Simultaneous Adjudication of the Principal Claim
In straightforward cases, it is possible to request that the principal claim be adjudicated at the same time as the interim measure is decided. In this way, a petition for interim measures may also result in a swift judgment on the principal claim. The prerequisites are that such simultaneous adjudication is prudent, will not delay the decision on the interim measure, and does not require additional case preparation.
Liability for Damages in Connection with Interim Measures
If it later turns out that the principal claim was not justified when the measure was granted, or that the interim measure was unfounded due to intentional or negligent provision of incorrect or misleading information about the ground for securing the claim, the claimant is obliged to compensate the defendant for any loss suffered as a result of the measure or for steps taken to avert or lift the measure.
This compensation rule may result in significant liability for those requesting interim measures. It is therefore important to carefully assess both the principal claim and the ground for securing the claim before requesting interim measures.
Hjort Offers Professional Assistance with Interim Measures
Obtaining a favourable judgment is of little value if it is not possible to enforce the claim once the judgment is final. Hjort regularly assists clients with both ordinary lawsuits and all forms of interim measures. Our goal is for our clients to succeed in the end—including with the practical enforcement of their claims. We have experienced specialists who can assist with securing and enforcing claims from A to Z.
