Q&As

Before commencing proceedings we filed a without notice application for an injunction against the now defendant. We were served with an application for an injunction by the defendant before the claim was issued but the hearing took place after issue but before service of the claim form. Where should the costs of these applications be added into Precedent H?

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Published on LexisPSL on 15/03/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Before commencing proceedings we filed a without notice application for an injunction against the now defendant. We were served with an application for an injunction by the defendant before the claim was issued but the hearing took place after issue but before service of the claim form. Where should the costs of these applications be added into Precedent H?

Before commencing proceedings we filed a without notice application for an injunction against the now defendant. We were served with an application for an injunction by the defendant before the claim was issued but the hearing took place after issue but before service of the claim form. Where should the costs of these applications be added into Precedent H?

An interim injunction based on a claim that has either been issued or will be issued in due course may be made at any time, including before proceedings are started (CPR 25.2(3)). As such, interim injunctions are inextricably linked with underlying claim(s).

In this case, there has been a court hearing to deal with the defendant’s injunction application and the court may have considered the issue of costs and provided an indication as to how they should be dealt with. The court may have made a costs order at the time, eg through summary assessment or making an order for costs in the case.

The work for the first injunction you refer to would fall squarely within the pre-action costs given that the guidance for completing the Precedent H costs budget states that:

‘Pre-action costs are to include: All other steps taken and advice given preaction’

This is sufficiently wide to include work associated with an injunction application and

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