Interim injunctions—opposing on notice applications
Interim injunctions—opposing on notice applications

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

  • Interim injunctions—opposing on notice applications
  • Checking for basic procedural irregularities
  • Checking the proposed order
  • Analysing the proposed injunction
  • Responding to the applicant’s evidence in support
  • Analysing the applicant’s underlying claim
  • Considering the adequacy of damages and the balance of convenience
  • Checking whether the judge hearing the application has jurisdiction

Interim injunction applications are not straightforward. There are a large number of procedural and substantive hurdles for applicants to surmount before the court will consider granting this discretionary form of relief. This Practice Note considers such hurdles and is designed to assist practitioners in taking a structured approach when responding to, and potentially resisting, an application for an interim injunction made on notice.

This Practice Note should be read in conjunction with the detailed guidance in the following Practice Notes:

  1. Interim injunctions—on notice applications

  2. Interim injunctions—the American Cyanamid guidelines

  3. Interim injunctions—drafting the order

Checking for basic procedural irregularities

There are a number of fairly prescriptive procedural requirements for injunction applications. Some of these requirements can be fatal to the application if not complied with. Upon receipt of an application for an interim injunction it is sensible to check the following points:

QuestionRelevant procedural requirement(s)Consequences of failure to comply
Has there been any delay between the ‘wrong’ complained of and the issuing of the application?Every application should be made as soon as it becomes apparent that it is necessary or desirable to make it (CPR PD 23A, para 2.7).Delay can be fatal to an interim injunction application. See Practice Notes: Interim injunctions—on notice applications—When can you apply for an interim injunction? and Injunctions—guiding principles—Guiding principles—are there any equitable bars?
Does the application

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