The following IP guidance note provides comprehensive and up to date legal information covering:
An interim injunction is a temporal remedy that is issued by a court at an early stage of legal proceedings. An interim injunction may require a party to do a specific act (a mandatory injunction) or to refrain from a specific act (a prohibitory injunction).
This practice note summarises the key principles that underlie the application and the grant of interim injunctions.
The Courts’ power to issue interim injunctions is provided under statute; see for instance the Senior Courts Act 1981 and the County Courts Act 1984. The applicable procedural requirements are dealt with under CPR Part 25. Interim injunctions, like other injunctive relief, may be awarded only where it appears to be 'just and convenient' to do so.
The House of Lords’ decision in American Cyanamid v Ethicon Ltd provides the most authoritative dicta on the key principles that underlie the grant of interim injunctions. American Cyanamid requires the applicant to demonstrate that:
there is a serious question to be tried
damages at trial will not be an adequate remedy, and
the balance of convenience is in favour of granting the injunction
There may also be special factors that guide the grant of interim injunction in specific cases, especially where, as in many trade mark and passing off cases, the interim injunction usually disposes of the action.
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. 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
Take a free trial
0330 161 1234