Interim Injunctions Flashcards
What are interim injunctions?
Interim injunctions are a discretionary remedy that may only be granted when damages are not an adequate remedy for the applicant.
Breach of an injunction is punishable as a contempt of court.
What CPR provision governs interim injunctions?
CPR Part 25
Who can apply for interim injunctions?
Either party may apply for (and be granted) an interim injunction in support of their cause of action.
When can parties apply for interim injunctions?
Parties may seek injunctions at any time after proceedings have been commenced (and even beforehand in exceptional circumstances).
However, the court must be satisfied that the matter is urgent or it is otherwise desirable in the interests of justice.
Interim injunctions are injunctions granted before trial.
What factors does a court consider when deciding whether to grant an interim injunction?
The court will consider whether:
- there is a serious question to be tried;
- damages are an adequate remedy for either side;
- the balance of convenience lies in favour of granting or refusing the injunction; and
- there are any special factors.
What is the procedure for obtaining an interim injunction?
The party seeking the order must apply by way of an application notice with evidence in support - usually a witness statement.
Can interim injunctions be obtained without notice to the other party?
(Think back to cards on interim applications)
Yes.
Under Part 25, the court may grant an interim remedy on an application without notice if there are good reasons to do so.
e.g. secrecy is required, otherwise respondent could cause irreparable damage to claimant before injunction is secured.
What are some example interim injunctions that can be obtained without notice?
- Freezing injunctions
- Search orders
What is a freezing injunction?
A freezing injunction restrains a party from removing their assets from the jurisdiction (England and Wales).
What must the applicant show to obtain a freezing injunction?
The court must be satisfied that:
(a) The applicant has a good arguable claim; and
(b) there is a real risk that the respondent will dispose of their assets so as to defeat the enforcement of the eventual claim.
What is a search order?
A search order compels the respondent to allow their premises to be searched by the applicant, where the applicant believes that the respondent has documents or property belonging to them.
What must the applicant show to obtain a search order?
The court must be satisfied that:
(a) The applicant appears to have a strong case; and
(b) they will suffer serious harm if the order is not made; and
(c) the respondent has incriminating materials in their possession which cannot be obtained by other means.
Due to the draconian impact of freezing injunctions / search orders, applications are usually made to a High Court judge supported by what?
An affidavit.
