Injunctions—guiding principles
Injunctions—guiding principles

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

  • Injunctions—guiding principles
  • What is an injunction?
  • What are the different types of injunction?
  • Interim and final injunctions
  • Prohibitory and mandatory injunctions
  • Quia timet injunctions
  • Who are the appropriate parties to an injunction?
  • Claimants/applicants
  • Defendants/respondents
  • Foreign respondents
  • More...

Injunctions—guiding principles

What is an injunction?

An injunction is defined in the glossary to the CPR as ‘a court order prohibiting a person from doing something or requiring a person to do something’. It is a tool used by the courts to prevent injustice.

The High Court’s power to grant injunctions is confirmed by section 37(1) of the Senior Courts Act 1981 (SCA 1981) and, in respect of the County Court, conferred by section 38(1) of the County Courts Act 1984.

SCA 1981, s 37(1) provides that the court can grant an injunction:

‘in all cases in which it appears to the court to be just and convenient to do so’

For further information on the jurisdiction of the courts to grant injunctions, see Practice Note: Injunctions—jurisdiction.

The power to grant injunctions is extremely flexible and has been employed in a large variety of situations in order to do justice in the circumstances. This Practice Note gives only a broad overview of the general principles relating to injunctions. For examples of how this remedy has been approached by the courts and deployed in practice, see Practice Note: Injunctions—key and illustrative decisions.

What are the different types of injunction?

Injunctions are split into different categories depending on the purpose of the injunction and overall nature of the remedy sought.

Interim and final injunctions

In terms of the purpose of the injunction, there are two main categories—interim

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