Injunctions—jurisdiction
Injunctions—jurisdiction

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

  • Injunctions—jurisdiction
  • High Court—jurisdiction of the court
  • High Court—jurisdiction of High Court Judges
  • High Court—jurisdiction of Masters and District Judges
  • High Court—allocation between judges
  • County Court—jurisdiction of the court
  • County Court—jurisdiction of Circuit Judges
  • County Court—jurisdiction of District Judges
  • County Court—allocation between judges
  • Court specific guidance

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.

This Practice Note explains the jurisdiction of the different levels of judiciary to grant injunctions, both in the High Court and the County Court.

Historically, injunctions were the preserve of High Court Judges and Circuit Judges. Subsequent changes to the CPR have extended the jurisdiction to Masters and Districts Judges in certain circumstances. This Practice Note provides guidance to practitioners as regards those circumstances, and more broadly which level of the judiciary is required to exercise the court’s jurisdiction to grant injunctions.

For further, more general guidance on injunctions and freezing injunctions, see:

  1. Interim injunctions—overview

  2. Freezing injunctions (orders)—overview

High Court—jurisdiction of the court

The power of the High Court to grant injunctions is confirmed by section 37(1) of the Senior Courts Act 1981 (SCA 1981). However, as Lord Scott stated in Fourie v Le Roux:

‘[25]... The power of a judge sitting in the High Court to grant an injunction against a party to proceedings properly served is confirmed by, but does not derive from, s 37 of the Supreme Court Act 1981 and its statutory predecessors. It derives from the pre-Judicature Act 1873 powers of the Chancery courts,