Interim injunctions—opposing without notice applications
Interim injunctions—opposing without notice applications

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

  • Interim injunctions—opposing without notice applications
  • Initial action upon receiving the injunction
  • Complying with the initial order
  • Considering whether the order might be set aside
  • Preparing for the return date hearing
  • Analyse the injunction and evidence relevant to the American Cyanamid principles
  • Consider the timing of the application
  • Identify any failures to comply with the duty of full and frank disclosure

This Practice Note is designed to assist practitioners in taking a structured approach to resisting an application for an interim injunction made without notice.

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

  1. Interim injunctions—without notice applications

  2. Interim injunctions—the American Cyanamid guidelines

  3. Interim injunctions—drafting the order

Although this Practice Note is focused on without notice applications, there is inevitably some cross-over with the considerations relevant to on-notice applications. Practitioners should therefore also familiarise themselves with the detailed guidance included in Practice Note: Interim injunctions—opposing on notice applications.

Initial action upon receiving the injunction

A respondent will only become aware of an application for an interim injunction made without notice upon receipt of the initial order. An unexpected injunction can be an unnerving experience for the client, particularly if the terms appear to directly interfere with their business affairs. It is therefore essential that practitioners are able to identify quickly how to advise the client as to next steps.

Complying with the initial order

It is of course very important that a respondent complies with orders of the court and therefore practitioners should quickly consider and advise on the precise limits of what the client must and and/or must not do under the terms of the order.

The following points should be considered upon receipt of an injunction order made without notice:

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