Interim injunctions—emergencies and without notice applications
Interim injunctions—emergencies and without notice applications

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

  • Interim injunctions—emergencies and without notice applications
  • Without notice applications
  • When can you apply for an interim injunction without notice?
  • Without notice applications—secrecy
  • Without notice applications—urgency
  • Delay
  • Arranging an urgent and without notice application
  • The duty of full and frank disclosure
  • The legal representatives’ duties to the court
  • Application notice and evidence
  • more

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.

Without notice applications

An application for an interim injunction should typically be made by giving notice to the respondent (CPR 23.4). For guidance on applications for interim injunctions made on notice, see Practice Note: Interim injunctions—when to apply and on notice applications.

The power of the court to order an interim injunction on a without notice basis is an exceptional remedy which should only be exercised in very limited circumstances (see, for example, Moat Housing Group-South v Harris at para [71]).

There are additional procedural and legal duties for applicants and their legal representatives to observe when making a without notice application for an interim injunction. These include justifying in evidence why it is not appropriate or possible to give notice, providing full and frank disclosure and presenting the application with the utmost good faith. There are also other, more practical considerations, such as arranging an urgent court hearing (possibly in private or by telephone).

Following a without notice hearing, a further return hearing will need to be fixed, usually within one to two weeks, at which the respondent will be present and can