Contributed By Pérez-Llorca
The applicant can be held liable for damages suffered by the respondent if the respondent successfully later discharges the injunction.
The same result would apply when the injunctive relief is obtained on an ex parte basis. Specifically, the SCPA establishes that where an injunction has been adopted without previously hearing the defendant, the latter may file an objection. If the court upholds the objection, at the request of the defendant, the damages caused, as appropriate, by the revoked injunction shall be determined. Once determined, the applicant for the measure shall be required to pay the said damages. Should the applicant fail to do so, their compulsory exaction shall be carried out immediately.
The applicant seeking an injunction shall post sufficient security to compensate, in a speedy and effective manner, the damages that the adoption of the injunction may cause to the estate of the defendant, unless expressly stated otherwise. The court shall determine the security taking into account the nature and contents of the claim and its assessment.
The court clerk shall lift ex officio all the injunctions adopted if a judgment of acquittal is granted and becomes final. The procedure shall continue in accordance with the provisions established in the preceding paragraph concerning the damages the defendant may have incurred.
The security must be sent prior to any act of compliance with the established injunction. The court shall decide whether the security amount is suitable and sufficient by means of a procedural court order.