Interim injunctions—when to apply and on notice applications
Interim injunctions—when to apply and on notice applications

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

  • Interim injunctions—when to apply and on notice applications
  • On notice applications
  • Interim injunctions—pre-action applications
  • Interim injunctions—applications during proceedings
  • Interim injunctions—delay
  • Hearing already fixed—no time to give notice of interim injunction application
  • The application notice
  • Evidence in support of an interim injunction application
  • The draft order
  • Serving the application notice
  • more

On notice applications

Interim Injunctions are temporary court orders used to regulate the position between the parties before trial. For information on common types of interim injunctions and the legal tests which the courts will apply, see Practice Note: Interim injunctions—guiding principles.

This Practice Note concerns ‘on notice’ applications for interim injunctions. It provides practical guidance on how to prepare, issue and serve the application notice and supporting evidence, as well as addressing how to prepare for the hearing itself, including provision of bundles and skeleton arguments.

As it is a basic principle of justice that a party should have the opportunity to be heard before a decision or order is issued against it, applications should always be made on notice unless there are good reasons not to do so (CPR 23.4). Circumstances in which it is not necessary or appropriate to give notice when seeking an injunction include an emergency, when there is no time to give notice, or where secrecy is required. For guidance on ‘without notice’ (or ex-parte) applications for injunctions, see Practice Note: Interim injunctions—emergencies and without notice applications.

Applications for interim injunctions can be made at virtually any stage of a case, including before a claim has been issued or after judgment. However, the application should be made as soon practicable, as delay will generally weaken the