Interim injunctions—variation and discharge
Interim injunctions—variation and discharge

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

  • Interim injunctions—variation and discharge
  • Expiry of an interim injunction
  • Discharge or variation of an interim injunction
  • Applying to vary or discharge interim injunctions granted at on notice hearings
  • Applying to vary or discharge interim injunctions granted at without notice hearings
  • Grounds for discharging an interim injunction
  • Appealing interim injunctions
  • Requests to be released from undertakings

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For further information, see Practice Note: Coronavirus (COVID-19) implications for dispute resolution.

This Practice Note explains the circumstances in which an interim injunction may come to an end (whether through expiry or discharge) or be varied, as well as considering whether it is possible to vary undertakings. It also briefly addresses appeals against interim injunctions.

For more general guidance on injunctions, see: Interim and final injunctions—overview, as well as Practice Notes:

  1. Interim injunctions—the American Cyanamid guidelines

  2. Interim injunctions—opposing on notice applications

  3. Interim injunctions—opposing without notice applications

  4. Injunctions—key and illustrative decisions

Expiry of an interim injunction

An order for an injunction made in the presence of all parties to be bound by it, or made at a hearing of which they have had notice, may state that it is effective until trial or further order (CPR PD 25A, para 5.4).

If an interim injunction is expressed to be granted ‘until further order’ it does not expire as soon as the court makes any other order. Rather, it continues until an order of the court dealing specifically with the subject matter of the injunction discharges it either expressly or by implication (Cantor Index

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