Inside the Dispute: Interim Measures

15 July 2026 • Autor: Kancelaria Brysiewicz Bokina i Wspólnicy


“Dispute From the Inside” — an expert series by attorney Wojciech Bokina on corporate disputes

Injunctive Relief in a Corporate Dispute. Why the First 48 Hours Decide Everything

Corporate Disputes · Practical Guide

In a corporate dispute, the outcome is often decided not by a judgment issued years later, but by an order issued in the very first days. This is about securing a claim.

It can halt a resolution, freeze shares, or strip an opponent of control over a company, before they can present the other side with a fait accompli. Below you’ll find a practical guide to what injunctive relief means in corporate matters, which methods are available, and why speed of reaction often matters more than the content of the lawsuit itself.

If you’d rather watch and listen to a condensed version, we cover the whole topic in the episode above, part of our educational video series “Dispute From the Inside.”

Why Injunctive Relief Often Decides the Dispute

A corporate dispute is, to a large extent, a race to lock in a given state of affairs. A resolution takes effect, a new management board starts acting, and business decisions trigger legal and financial consequences that are hard to reverse later. If any such step isn’t stopped in time, it can take years to undo.

Injunctive relief lets you “freeze” the situation before the other party can bring about irreversible changes, which is why it’s often the single most important move in the entire case.

The Basics of Injunctive Relief

To obtain injunctive relief, you need to substantiate two things: the claim itself and a legal interest in obtaining the injunction. Substantiating is a lower bar than proving; it’s enough to show that the claim is credible.

Importantly, a motion can be filed even before the lawsuit itself is brought; when granting the injunction, the court then sets a deadline for filing the actual claim. Injunction proceedings are handled quickly, usually without the other party’s involvement, which gives the element of surprise.

Common Methods of Injunctive Relief

The catalog of available methods is open-ended, and the court tailors them to the claim. In corporate disputes, five methods are most common:

Suspending the Effect of a Resolution

In an action to set aside or declare a resolution invalid, this blocks its effects for the duration of the proceedings.

Suspending a Shareholder’s Rights

In an action for the exclusion of a shareholder (Art. 268 of the Polish Commercial Companies Code), this lets the company keep operating despite the conflict.

Prohibiting the Exercise of Rights from Shares

When the shares themselves are disputed (e.g., a questionable issuance), this strips voting rights until the matter is resolved.

Prohibiting the Transfer of Shares or Assets

Used when there’s a risk of company assets being siphoned off or shares transferred to related parties.

Court-Appointed Administrator / Supervisor

When the management board is acting to the detriment of one side, a neutral person takes over day-to-day management.

Choosing the method isn’t arbitrary. It must match the claim and cannot violate mandatory provisions of law.

Injunctive Relief and the Company Registry (KRS) Entry

There’s a common belief that once a final entry is made in the National Court Register (KRS), “nothing can be done anymore.” That’s not true. Courts have granted injunctive relief even after such an entry, including by prohibiting the exercise of rights attached to contested shares or the use of rights that were granted.

A registry entry doesn’t cure a defective act, and an injunction can strip your opponent of any real ability to make use of it.

Limits. When Injunctive Relief Goes Too Far

As a rule, injunctive relief cannot amount to satisfying the claim itself, although for non-monetary claims, typical of corporate disputes, courts have wider latitude here. Some methods are simply not permitted at all: for instance, you cannot appoint a curator for a partnership for the duration of the proceedings, since a partnership has no corporate bodies, and such a measure would be contrary to the law.

Timing and the Element of Surprise

A motion for injunctive relief can be filed before the lawsuit and is often decided very quickly, frequently at a closed session, meaning the other side only learns of the order once it’s already in force. This shifts the balance of power in negotiations: once relief has been granted, the parties are far more likely to sit down at the table.

That’s why the first question we ask a client in a case with urgent characteristics is: how much time do we have?

Three Cases From Practice

I discuss the following cases in detail in the “Dispute From the Inside” episode. Each illustrates a different dimension of injunctive relief; anonymized, but real.

Case 1. A Management Board Member’s Competing Business

A company designing modular homes came to us after two of its three shareholder-management board members discovered that the third was running an extensive competing business, using a misleading name, the company’s trademark, and its client base, and signing contracts in his own name.

We filed a motion to suspend his shareholder rights. The day after the injunction was granted, we held a shareholders’ meeting and removed him from the management board, effectively cutting off his influence over the company.

Case 2. An Attempt to Block a General Meeting With a Single Block of Shares

Before a public company’s general meeting, a shareholder appeared with a certificate confirming ownership of 200 shares and was refused admission. This was a deliberate move: under Supreme Court case law, a shareholder wrongfully denied admission doesn’t need to show that their holding could have affected the voting outcome. Even a single share could be enough to block the registration of resolutions.

The management board, however, filed a detailed response to the motion for injunctive relief, and the court dismissed it, a turning point in the case. The attempt to block the company at an early stage failed, and the remaining dispute was limited to less threatening proceedings.

Case 3. A Successful Appeal Against an Injunction Blocking a Capital Increase

A minority shareholder in a limited liability company, interested solely in the annual dividend, obtained an injunction blocking the registration of a resolution to increase share capital. The company filed an appeal and won.

The court was persuaded that the capital injection was key to the company’s growth, and that the shareholder’s own conduct was inconsistent: he voted against the increase while simultaneously taking up some of the new shares under his pre-emptive right, then offering to acquire more shares than he was entitled to. The capital increase was ultimately entered in the National Court Register.

The Most Common Mistakes With Injunctive Relief

🟠 Reacting too late. A motion filed after a resolution has already been implemented, or after irreversible effects have occurred, is a much harder case than one filed before facts on the ground are created.

🟠 An imprecise method of injunctive relief. The court needs to know exactly what to order or prohibit. A vague request to “secure the situation in the company” isn’t enough.

🟠 No clear timeline or evidence. Speed matters, but fast doesn’t mean chaotic. A well-organized set of facts often determines whether the motion is credible.

🟠 Ignoring meeting formalities. Defective powers of attorney, a poorly prepared attendance list, or an imprecise minutes document are often used to block resolutions.

🟠 No plan for the main proceedings. Injunctive relief is temporary. You need to know from the outset which lawsuit will support it.

Summary

In corporate disputes, injunctive relief isn’t an add-on to the lawsuit, it’s often its single most important part. It determines whether we stop unfavorable changes before they become irreversible, and from what position we enter negotiations. The key comes down to three things: choosing the right method of injunctive relief, strongly substantiating the claim and the legal interest, and acting fast.

Frequently Asked Questions

Can I obtain injunctive relief before filing a lawsuit?
Yes. When the court grants an injunction before proceedings begin, it sets a deadline for filing the lawsuit. Missing that deadline causes the injunction to lapse.

Will the other side be heard before the court decides?
Often not, motions are usually decided without the other party’s involvement, which provides the element of surprise.

Does an entry in the National Court Register rule out injunctive relief?
No. Courts have granted injunctions even after a final registry entry, blocking the use of the contested changes.

Is time of the essence? Consider securing your claim.

If your situation has urgent characteristics, get in touch directly. I’ll assess the case and we’ll discuss the possible next steps together.

Contact BBS Law Firm
Email Attorney-at-law Wojciech Bokina

This article is for general informational purposes only and does not constitute legal advice or an opinion on any individual case. We recommend consulting a lawyer for specific matters.

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