Interim injunctions—drafting the order
Interim injunctions—drafting the order

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

  • Interim injunctions—drafting the order
  • Basic requirements for the draft order
  • Additional requirements for without notice applications
  • The return date
  • Service of the order
  • Note of the hearing
  • The right to set aside the order
  • Applications made pre-issue
  • Privacy concerns
  • The substantive terms of the injunction
  • More...

Interim injunctions—drafting the order

The precise terms of the order granting an interim injunction are important, not just in terms of how effective it will be in practice, but also whether or not the court will grant the application in the first place. There are a number of procedural and substantive requirements which must be observed in the drafting of the order and these are set out below.

This Practice Note is concerned specifically with orders in interim injunctions. For general guidance on court orders, see Practice Notes:

  1. Judgments and orders—drafting and formalities

  2. Judgments and orders—service, compliance, interpretation

For specific information on drafting a freezing order, see Practice Note: Freezing injunctions—the draft order, and see: Interim and final injunctions—overview for further general guidance on injunctions.

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.

Basic requirements for the draft order

Whenever possible a draft order should be filed with the application notice and a disk containing the draft order should also be available in a format compatible with the court’s word processing software. This will enable the court officer to make any amendments and allow for the speedy preparation and sealing of the order (CPR PD 25A, para 2.4).

Unless the

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