Interim Injunctions (Part 25 CPR)

Question 1

What are the three-stage test for granting an Interim Injunction?

Answer 1

(From American Cyanamid)

Serious issue to be tried.

Damages inadequate remedy

Balance of convenience (who would suffer greater harm?).

Question 2

What types of injunctions exist?

Answer 2

Prohibitory (prevents action, e.g., stop construction).

Mandatory (compels action, e.g., remove obstruction).

Question 3

What is required for an urgent Interim Injunction?

Answer 3

Application Notice (N244) + Evidence.

With or without notice to other party.

Cross-undertaking in damages usually required (applicant agrees to compensate the respondent for any financial losses they suffered due to the injunction if it turns out the injunction was wrongly granted).