The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
An injunction is a discretionary remedy that takes the form of a court order and which requires a party to either refrain from doing something (prohibitory) or to specifically do something (mandatory). An interim (or interlocutory) injunction is a temporary measure put in place pending the outcome of proceedings between the parties. Interim injunctions regulate the position between the parties before trial, when the court will have the opportunity to hear and assess the arguments in full. Broadly, they are only appropriate when the respondent’s alleged continued wrongdoing is likely to cause irreparable harm to the applicant’s interests before the issue is resolved at trial, which could not be adequately compensated by damages.
An application for an interim injunction can be made prior to or after the issue of substantive proceedings. However, in all cases an interim injunction is ancillary to a substantive claim and the application will need to set out the legal basis of the substantive claim. The usual rule is that notice should be provided, but applications for an injunction can be made ‘without notice’ if urgent or where secrecy is required. For further guidance, see Practice Notes:
Interim injunctions—when to apply and on notice applications
Interim injunctions—emergencies and without notice applications
While interim injunctions are not final, many cases do not go to
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