LIECHTENSTEIN Law and Practice Contributed by: Moritz Blasy, Nicolai Binkert, Simon Ott and Kathrin Binder, Schurti Partners Attorneys at Law Ltd
6.3 Availability of Injunctive Relief on an Ex Parte Basis It is in the court’s discretion to decide wheth- er the circumstances of the case require that injunctive relief be granted on an ex parte basis or whether the respondent should be heard in advance. Injunctive relief is usually granted on an ex parte basis in cases of great urgency or where there is a risk that the enforcement of the relief would otherwise be frustrated. If injunc- tive relief is granted on an ex parte basis, the respondent can subsequently seek to have the injunctive measure set aside. 6.4 Liability for Damages for the Applicant An applicant for injunctive relief is liable for any damage incurred by the respondent as a result thereof if the applicant fails to validate the injunctive measure, be it because the applicant’s case is dismissed in the validation proceedings (ie, main proceedings) or because the applicant fails to initiate the validation proceedings within the deadline set by the court. An applicant for injunctive relief can be ordered to lodge security for the potential damage the respondent might incur as a result of the injunc- tive measure. Such security may be ordered upon application of the respondent or ex offi- cio (especially in the case of ex parte injunctive relief). Furthermore, an applicant for injunctive relief can also be ordered to lodge security for costs, that is for the respondent’s costs in rela- tion to the proceedings concerning the injunctive relief (eg, costs in relation to an appeal against an interim injunction), on the same conditions and according to the same principles that apply to security for costs in ordinary proceedings.
of freezing orders, attachments or restraining orders. Besides, even in cases where future enforcement is not of concern, injunctive relief can be granted in the form of regulatory meas- ures in order to regulate the parties’ relationship pending conclusion of the main proceedings, if it is feared that irreparable damage would oth- erwise occur. Applications for injunctive relief can be made prior to the initiation of a lawsuit, together with a statement of claim initiating a lawsuit, or during a pending lawsuit whenever the need arises. In the application, the applicant needs to show a prima facie, case (eg, a claim the enforcement of which needs to be secured, supported by prima facie, evidence), show reasons justifying injunc- tive relief (ie, a risk of irreparable damage or irre- versible change in circumstances) and specify the injunctive measure sought. 6.2 Arrangements for Obtaining Urgent Injunctive Relief In urgent cases, injunctive relief is usually grant- ed by the court within 24–72 hours upon receipt of the application if the court concludes that the requirements are fulfilled. Where circumstances are even more urgent, super-provisional measures can be ordered by authorities such as municipal councils, the police or the court bailiff. These authorities are obliged to grant the requested measure unless they con- clude that the same is manifestly inadmissible. They are not allowed to review the application in terms of the requirements for injunctive relief. The super-provisional measures are valid for two days and cease automatically at the end of this period unless the applicant files an application for injunctive relief with the court.
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