The danger of delay: When justice is slow, it is not justice.
The judicial system is slow, but reality is fast. The risk that the final verdict will be «a piece of paper» (Danger in delay) is the biggest threat to your case. We act in critical situations like these:
Property Disputes Your opponent is attempting to sell or mortgage the property you are claiming, so that when you win, it will already belong to a third party acting in good faith.
Family Law There is an immediate risk to minors, or family assets are being squandered by one of the spouses before the divorce.
Company Disputes An administrator is diverting company funds or making decisions that will ruin the company before you can contest the agreement.
Works and Damages You need to halt a neighbouring construction project that threatens the structure of your home before it collapses.
Intellectual Property Someone is selling copied products or using your brand and you need to stop the sales immediately.
Inaction allows the damage to become entrenched. Precautionary measures are the only mechanism to «freeze» the situation and ensure that, if you win, you will be able to enforce the judgment.
Secure, paralyse or intervene before the sentence
The Civil Procedure Act allows the judge to issue provisional orders to protect your rights while the main lawsuit is ongoing. It is not necessary to wait until the end.
We help you to apply for the interim measure specific to your case: from seizures and annotations in the Registry, to the cessation of activities, the suspension of company agreements, or the judicial intervention of a company.
| Scenario | Waiting for a Final Judgment (Risk) | Apply for Precautionary Measure (Protection) |
|---|---|---|
| Property Dispute | The defendant sells the house to a third party. When you win the case, the house is no longer recoverable. | Lis Pendens. The Land Registry is notifying everyone that there is a legal dispute. It blocks clear sales. |
| Harmful Works | The work is finished and the damage to your property has already been done. Repairing it will be costly and difficult. | Suspension of New Construction. The judge orders the work to be stopped immediately until the merits are resolved. |
| Companies / Partners | The disloyal partner empties the till or ruins the company before their appointment is annulled. | Judicial Intervention or Suspension of Agreements. An administrator is appointed or harmful decisions are blocked. |
| Effectiveness | A moral victory, but a practical defeat (unenforceable judgment). | Full guarantee that the sentence can be enforced. |
Don't wait for a favourable ruling to discover it's no longer of any use. Precautionary measures are the only way to ensure justice is effective.
Why trust FA Solicitors for urgent interim measure
The request for precautionary measures is technically very complex. You have to convince the judge that there is a prima facie right (The good name of the lawand a real dangerDanger in delaywithout having yet held the main trial.
Directed by Antonio Fernández Álvarez, a litigator with strategic vision.
Specialists in the urgent request for All types of precautionary measures (Civil, Commercial, Family).
Experts in Preventative Annotations in the Land Registry (key in inheritance and sales disputes).
Defence before unfair competition and business asset protection.
Mastery of calculus Surety (bond) required to activate the measure.
Immediate reaction capacity (24/48 hours) to submit the application before the damage occurs.
Our process Legal protection in 3 steps
The key is speed and strength of argument so that the judge acts prematurely.
Risk and Viability Analysis (24h) We studied your case and the circumstantial evidence. We determined if the legal requirements are met to request urgent protection.
Strategic request The document is presented to the Court requesting the specific measure (seizure, annotation, deposit, suspension, etc.). If the risk is extreme, we request that it be unheard of part (without warning the opponent so that they don't have time to react).
Execution and bail: We manage the provision of the surety bond (guarantee) required by the court and ensure that the order is complied with (registered in the Land Registry, the account is frozen, or the construction work is stopped).
Case studies Urgent protection of rights
Case 1: Inheritance dispute and risk of sale
Problem. Several siblings were disputing ownership of a building. One of them, who was registered as the owner, put it up for sale with an estate agent to get rid of it before the inheritance trial.
Solution We urgently request the Lis Pendens at the Land Registry.
Result: The judge granted the injunction. When the charge appeared on the Register, the buyers withdrew. The property was secured until the final judgment, which ruled in favour of our clients.
Case 2: Cessation of illegal construction work (Injunction)
Problem. A neighbour began aggressive excavation which was causing cracks in our client's house's load-bearing wall. The risk of collapse was real.
Solution We request the precautionary measure of Suspension of New Construction.
Result: The court ordered the immediate cessation of the machinery within 48 hours, protecting the integrity of the dwelling until the experts ruled on its safety.
