Final injunctions

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Final injunctions
  • How do I make a claim for a final injunction?
  • What will a claimant need to prove in order to obtain a final injunction?
  • Prohibitory final injunctions—general
  • Prohibitory final injunctions—breach of a negative covenant
  • Mandatory final injunctions
  • When is it ‘just and convenient’ to grant a final injunction?
  • Would damages be an adequate remedy?
  • Breach of a negative covenant cases
  • Are there injunctions that the court will usually decline?
  • More...

Final injunctions

This Practice Note provides guidance on the circumstances in which the court may grant a final (or perpetual) injunction. There is a great deal of crossover with the general principles set out in Practice Note: Injunctions—guiding principles and therefore should be read in conjunction with that guidance.

For details on the principles applicable to interim injunctions, see Practice Note: Interim injunctions—the American Cyanamid guidelines.

For illustrative examples of cases in which the court has granted final injunctions, see Practice Note: Injunctions—key and illustrative decisions.

How do I make a claim for a final injunction?

The procedure for obtaining a final injunction is similar to that involved in most court claims, with the issue and service of a claim form and particulars of claim and, if the matter is not suitable for disposal by way of summary judgment, a hearing consisting of oral evidence with cross-examination and speeches in the usual way.

For guidance on starting a claim and statements of case, see:

  1. Starting a claim or counterclaim—overview

  2. The claimant and statements of case—overview

However, note that in appropriate circumstances the court may be prepared to grant final injunctive relief at an interim stage without the need for proceedings being issued and a final hearing being listed. In Re R-Squared Holdco Ltd the court was satisfied that it could make an order for a final injunction within ongoing unfair prejudice

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