Injunction and Restraining Order
In several instances, either the plaintiff or the defendant may be concerned about the protection of their rights, interests, security, or whether they will receive the potential compensation should the ruling be in their favor.
The Thai Civil Procedure Code permits the involved parties to apply for an injunction and restraining order to the court exercising jurisdiction. An injunction refers to a court order instructing a party to carry out specific requirements or refrain from pursuing certain acts. These may encompass any unlawful acts relating to the case such as damaging or disposing of evidence in a dispute or the order to guarantee that the applicant will receive the compensation or payment from the responsible party. Some common cases where injunctive relief is applied include breach of contract, breach of fiduciary duty, and infringement of intellectual property rights, for instance.
An interim or temporary injunction motion can be submitted in various circumstances, generally prior to the trial. This may serve as a challenge due to the limited timeframe. Therefore, it is strongly advised for those considering applying for an injunction order to consult with your trusted attorney for thorough preparation.
Interim Injunction under Thai law
Section 254 of the Thai Civil Procedure Code stipulates the measures and conditions for the interim injunction. Based on the applicable law, the ruling court is entrusted with equitable jurisdiction to consider the requested interim injunctions. This is regarded as a system of justice established to enhance the existing law by conducting a reasonable action to achieve a justified result.
The law allows the parties involved to apply for the injunction alongside his or her plaint or during the trial. The court’s decision to grant the interim injunction is determined by the applicant’s ability to demonstrate the necessity and reasonability of the injunction towards the opposing party.
What Interim Measures are Available?
The types of interim remedies that can be raised are indicated in the Thai Civil Procedure Code as follows:
- The temporary seizure or attachment of the disputed property or asset of the defendant in case there is a compelling argument or evidence that the whole or part of the property will be mistreated before the judgment is delivered.
- The interim injunction to restrain the defendant from continuously committing any illegal activity that may cause the plaintiff to incessantly suffer from the incurring damage or loss.
- The court’s order authorizing the Registrar or any officials with legal duty and control to temporarily withdraw, alter or cancel the registration pertaining to the property or asset in dispute.
- The provisional detention or arrest of the defendant if there is a valid reason to believe that the defendant will attempt to escape the court’s jurisdiction or mishandle the evidence that will be presented during the litigation.
Each aforementioned remedy has its prerequisites that shall be produced to the court for deliberation. Although in most instances, the injunction is requested by the plaintiff or the defendant, there are times when the court issues the interim injunction order on its own initiative if deemed appropriate.
Conditions for Interim Injunctions
In order to apply for an interim injunction, the interested party must fulfill the particular requirements subjecting to the sort of interim measure desired.
For example, in the case of the motion for temporary injunction restraining the defendant, the applicant must be able to convince the court that the defendant may repeat or continue committing wrongful conduct which will result in further injury or damage to the applicant.
In an event where a provisional arrest or detention is needed, the court must be satisfied that the defendant may evade the summons or other orders issued by the court or that the evidence in relation to the dispute may be tampered with or concealed by the defendant.
In simple terms, if the court considers the grounds of the application to be just, sensible and sufficient, the court may be willing to approve the interim injunction motion. Nonetheless, the “balance of convenience” principle will be employed in which the ruling court will weigh the degree of harm or losses that the applicant may suffer should the injunction motion fail versus the inconvenience for the opposing party if the injunction is granted. In addition, restraining the defendant is deemed a severe order by the court, thus, it is not easily granted, and the application must be established by solid and compelling evidence.
Procedures for Interim InjunctionWhen can an interim injunction request be filed?
Under the Thai Civil Procedure Code, the application for an interim injunction can be submitted together with the applicant’s plaint or at any time prior to the court’s judgment as long as it fulfills the necessary requirements. The request is commonly filed alongside the underlying lawsuit in order to restrain the defendant and promptly prevent any undesired actions.Which court has the authority to grant the interim injunction?
The involved parties may submit the application for the interim measures to any court that is carrying out the trial of the related case.Can the interim injunction be granted without questioning the opposing party?
In certain cases where the evidence is substantial, the court may order the injunction measures without the involvement of the defendant. On the contrary, if the court considers it vital to gather additional information due to inadequate proof submitted, then the defendant may be given an opportunity to voice his concerns.What happens once the application for an interim injunction is submitted?
After the request is filed, the court may decide to issue the injunction order immediately or hold a hearing to obtain the defendant’s testimony if one is needed to further validate the possibility of the alleged wrongful conduct.
Injunction Measures for the Defendant
To maintain the impartiality of the legal process, the Thai Civil Procedure Code also allows the defendant to file a temporary injunction against the plaintiff. The defendant may submit the application to request the opposing party to provide security or deposit money if there is a justifiable ground to believe that he or she may attempt to evade the expenses in the event that the plaintiff is unsuccessful with the court case. This injunction is normally requested by the defendant if the plaintiff is a foreign citizen or a foreign entity with a business registered outside of the Kingdom.
Essentially, the interim injunction helps maintain the status quo of the case and temporarily prevents a potentially harmful situation for the involved parties. The injunction order is not easily approved. Thus, the applicant shall seek assistance from a professional and experienced attorney.
Siam Legal has dealt with a variety of cases where an interim injunction was sought. In addition to representing our client during the litigation process, our team of attorneys will assist the client in preparing and filing the injunction petition if one is ever required. This is to ascertain that your rights to fair settlement are well protected. Regardless of the sort of civil case you are facing, please contact us for legal advice on how we can best assist you.
If you have questions related to filing the injunction petition in Thailand, feel free to contact us.