NOTE: On 1 October 2026, a newly formed Business and Property Division replaces the Chancery Division—see News Analysis: The new Business and Property Division of the High Court. This Practice Note contains references to, and information derived from, the Chancery Guide. It is understood that a Business and Property Division Guide is being drafted and it is assumed this will replace the Chancery Guide. Existing links to the Chancery Guide will remain in content until a replacement is released. This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be aware of additional provisions and forms of orders—for details, see: Court specific guidance. The precise terms of the draft order you seek are important, not just in terms of how effective it will be in practice, but also whether or not the court will grant the application. There are a number of procedural and substantive requirements which must be observed. This Practice Note

NOTE: On 1 October 2026, a newly formed Business and Property Division replaces the Chancery Division—see News Analysis: The new Business and Property Division of the High Court. This Practice Note contains references to, and information derived from, the Chancery Guide. It is understood that a Business and Property Division Guide is being drafted and it is assumed this will replace the Chancery Guide. Existing links to the Chancery Guide will remain in content until a replacement is released. This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further: below. In particular, this Practice Note explains the procedure for applying for an interim injunction, setting out a number of basic procedural requirements which apply to all interim injunction applications made ‘on notice’, ie where the respondent is to be given advance warning of the hearing of the application. For details on how this basic procedure is modified

This Practice Note considers the American Cyanamid guidelines or test, used by the courts for the purpose of deciding whether to grant temporary injunctive relief. It explains the source of the court’s power and the principles underpinning the exercise of a judge’s discretion when determining an interim injunction application pursuant to such guidelines. For guidance on the nature of injunctive relief more generally, including the distinction between interim and final or prohibitory and mandatory injunctions, see Practice Note: Injunctions—guiding principles. For guidance on interim injunctions specifically concerned with the preservation of assets and/or evidence, see Practice Notes: • Freezing injunctions—guiding principles • Proprietary freezing injunctions • Search and imaging orders—guiding principles • Interim delivery up orders and preservation of property This content should also be read in conjunction with the following Practice Notes: • Interim injunctions—on notice applications • Interim injunctions—without notice applications • Interim injunctions—drafting the order Guiding principles for interim injunctions The power to grant interim injunctions is found in section 37(1) of the Senior Courts Act 1981 (SCA 1981)

This Practice Note considers undertakings in the context of interim injunctions. For guidance on undertakings given outside the context of interim injunctions, see: • Undertakings—overview concerning solicitors’ undertakings • Practice Note: Undertakings (covenants) for contractual undertakings in a banking context • Practice Note: Enforcement of undertakings which concerns enforcement of undertakings in a family law context • Bankruptcy restrictions orders and undertakings—overview for bankruptcy undertakings This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further Court specific guidance below. For guidance on interim injunctions generally, see the following Practice Notes: • Interim injunctions—the American Cyanamid guidelines • Interim injunctions—on notice applications • Interim injunctions—without notice applications • Interim injunctions—drafting the order Unless stated otherwise, the cases set out below and issues raised in this Practice Note primarily concern undertakings in the context of an application for a general interim injunction. However, the basic principles are broadly applicable

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further: Court specific guidance below. 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 in the context of interim injunctions. For general guidance on injunctions, see: Interim and final injunctions—overview, as well as: • Practice Note: Interim injunctions—the American Cyanamid guidelines • Practice Note: Injunctions—key and illustrative decisions (September 2019–2024) [Archived] • Opposing an on notice interim injunction application—checklist • Opposing a without notice interim injunction application—checklist 6 April 2025 changes The CPR provisions relevant to interim injunctive relief were amended with effect from 6 April 2025. In particular, CPR 25 was revised extensively and the accompanying Practice Directions were revoked. The changes were not intended

NOTE: On 1 October 2026, a newly formed Business and Property Division replaces the Chancery Division—see News Analysis: The new Business and Property Division of the High Court. This Practice Note contains references to, and information derived from, the Chancery Guide. It is understood that a Business and Property Division Guide is being drafted and it is assumed this will replace the Chancery Guide. Existing links to the Chancery Guide will remain in content until a replacement is released. This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR relevant to when it may be appropriate to apply for an interim injunction without notice. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further: Court specific guidance below. For general guidance, see also Practice Notes: • Injunctions—guiding principles • Interim injunctions—on notice applications 6 April 2025 changes The CPR provisions relevant to interim injunctive relief were amended with effect from 6 April 2025. In particular, CPR 25

A temporary interdict (equivalent to an injunction) granted by the court which remains in place while a full hearing on the merits of the case is awaiting

A licensed insolvency practitioner appointed on the granting of a winding-up order in Scotland

What are interim loan agreements? Interim loan agreements are short form loan agreements which are put in place as a 'bridge' until full finance documentation is agreed. When and why are interim loan agreements used in acquisition finance transactions? Interim loan agreements are often used where the sale of a target group is being conducted by way of an auction or where the timetable to completion is otherwise short. Usually this competitive or time-compressed environment means that the time available to put full finance documentation in place is reduced. Also, 'certain funds', while not technically a requirement in private acquisitions, is a common requirement, and interim loan agreements are viewed as a good way of showing the ready availability of funding (for more information about certain funds, see: Introductory guide to leveraged finance facilities agreements—Utilising, repaying and prepaying the facilities). Where the sale of a target group is being conducted by way of an auction, potential buyers compete against one another to show the vendor that they are ready to complete the

Dispute Resolution analysis: The Commercial Court granted interim mandatory relief, requiring defendants to withdrew Russian proceedings which had been brought in breach of an English arbitration clause. The proceedings in Russia remained live and active, with developments imminent, despite the English Court having previously granted anti-suit injunction (and an anti-anti-suit injunction). The Commercial Court therefore continued the anti-suit and anti-anti-suit relief, but also made an interim mandatory order. The principles applicable to grant of interim mandatory injunctions were reviewed. The court summarised the circumstances in which mandatory orders could supplement prohibitory injunctions. The interim mandatory order was granted despite the absence of the defendants. The court specifically gave permission for the citation of the judgment despite this non-appearance. Written by Angharad Parry, barrister at Twenty Essex.

When an action for annulment against an European Commission (Commission) decision is lodged before the General Court (and subsequent appeals to the Court of Justice), that decision is not automatically suspended. However, Article 278 TFEU provides that a company that is appealing a Commission decision can apply to the EU Courts to have it suspended pending judgment. Article 279 TFEU similarly provides that, in any cases before it, the EU Courts can prescribe ‘any necessary measures’. The President of the General Court usually hears applications for suspension. This decision can be appealed before the Court of Justice. It should also be noted that Article 8 of Regulation 1/2003 gives the Commission power to take decisions ordering interim measures (see further, EU antitrust investigation process—Interim measures). See also the Commission’s Antitrust Manual of Procedures—Interim Measures for an overview of its practice in this area. Conditions for applying for interim measures The conditions for applying for interim measures were set out by the Court of Justice in IBM. To apply for a decision to

Interim orders—process The operation of interim measures is proscribed by Rule 39 of the Rules of Court, which reads, in full, as follows: ‘1. The Court may, in exceptional circumstances, whether at the request of a party or of any other person concerned, or of its own motion, indicate to the parties any interim measure which it considers should be adopted. Such measures, applicable in cases of imminent risk of irreparable harm to a Convention right, which, on account of its nature, would not be susceptible to reparation, restoration or adequate compensation, may be adopted where necessary in the interests of the parties or the proper conduct of the proceedings. 2. The Court’s power to decide on requests for interim measures shall be exercised by duty judges appointed pursuant to paragraph 5 of this Rule or, where appropriate, the President of the Section, the Chamber, the President of the Grand Chamber, the Grand Chamber or the President of the Court. 3. Where it is considered appropriate, immediate notice of