The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): The guidance in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For further information, see Practice Note: Coronavirus (COVID-19) implications for dispute resolution.
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:
Interim and final injunctions—overview
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:
‘... The power of a judge sitting in the High Court to
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Scott Schedules are often very useful in construction disputes. They help to identify the key issues between the parties, and to set out for the judge in a single document a summary of the parties’ rival cases on an item-by-item basis.The need for a Scott Schedule in construction cases arises
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
The offence of aggravated vehicle-takingA person is guilty of aggravated vehicle taking if:•they take a conveyance without the owner's or other lawful authority's consent for their own or another's use, or•knowing that any conveyance has been taken without such authority, drive it or allow
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.