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Interim Injunctions

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Although parties regularly seek injunctive relief from courts as part of their claim, it is often important to consider whether it is appropriate to apply for interim injunctive relief, either prior to the commencement of court proceedings or during the proceedings, but before the court has made a determination at trial.

Clients may be advised to apply for injunctions or injunctive relief in circumstances where

  • A party has invaded or threatened to invade their opponent’s legal or equitable rights; or
  • Where a party has behaved, or threatens to behave in an unconscionable manner.

There are two main types of interim injunctions:

(i) a prohibitory injunction –where the court orders a party not to do a wrongful act; and

(ii) a mandatory injunction –where the court orders a party to undo the consequences of a wrongful act (for example, an order requiring a person to knock down an unlawfully built house) or not to continue some wrongful omission.

In this page we discuss the different types of interim injunctions, the grounds for applying for an interim injunction and briefly outline the process for applying for an interim injunction

Why would someone need this service?

Given the wide powers of the court, it is impossible to make a definitive list of all of the types of interim injunctions a court can award. However, a person or business who is faced with or is considering one of the following injunctions, will benefit from obtaining legal advice from us:

  • Freezing injunctions – This is an order which restricts or restrains a party from disposing of, or dealing with their assets;
  • Orders directing a party to provide information about the location of property or assets, whether ancillary to a freezing injunction, or as a standalone order;
  • Search orders – This is where a court permits a search of a party’s property for the purpose of preserving evidence and property;
  • Norwich Pharmacal Orders – orders requiring third parties mixed up in wrongdoing to provide information or documentation
  • Orders requiring the delivery up of property;
  • Injunctions to protect the right to light;
  • Orders to restrain nuisance or trespass;
  • Orders to prevent works to a Property.

What are the grounds for obtaining an interim injunction?

When considering whether or not to make an interim injunction, the court will consider whether it is “just and convenient” to do so, pursuant to section 37 of the Senior Courts Act 1981. The court will also consider what type of interim injunction a party is seeking and refer to the relevant case law. Nevertheless, the leading case of American Cyanamid Co (No 1) v Ethicon Ltd [1975] UKHL 1 provides some basic principles a court will consider when considering whether or not to grant an interim injunction, as set out below:

  • Interim injunctions will only be granted where there is an underlying cause of action;
  • The court can consider the merits of the case based on the evidence available at the time of the application;
  • Such injunctions will only be granted if there is a serious question to be tried, i.e. is there a real prospect of succeeding (or defending) the claim or issue;
  • The court will assess whether damages will be an adequate remedy for the applicant if they succeed at trial? If so, then interim injunctive relief will not normally be granted.

How does the process work?

In order to apply for interim injunctive relief, a party will follow the usual procedures for applying for interim applications, namely completing an application form and submitting the evidence in support of the application, which is usually done by way of a witness statement and exhibits. However, please note that each court has its own forms and guidance on how each type of interim injunctive relief application should be presented and conducted.

Before applying for an interim injunction, a party will need to consider whether such application should be made upon notifying their opponent or made “without notice”. Often disputes can be resolved without the need for court intervention and a party may promise to do (or not do) something by way of providing undertakings. Accordingly there can be benefit in notifying a party of the intention to apply for interim injunctive relief. 

However, if notifying a party of the intention to apply for an interim injunction risks that party furthering the wrongdoing (for example risks the party dissipating assets) then it may be wise to apply for an interim injunction, without notice or upon very short notice. 

Crucially, a party applying for an interim injunction must be prepared to provide a cross-undertaking. This is where the applicant undertakes to pay the respondent compensation if it is later held that the interim injunction was wrongly granted.

What are the likely costs?

Once we are informed of the outline of the dispute, we will provide you with an estimate of costs at the outset based on the type of work required.

What should people do before calling?

It would be helpful if as much relevant documentation as possible could be to hand prior to contacting us. If you are faced with defending an interim injunction, it would be helpful to let us have a copy of the application you have been served with.

Meet the Interim Injunctions team
Ray Crudgington
Managing Partner
greenwich
02083054224
ray.crudgington@grantsaw.co.uk
Maria Lati
Partner
Head of Residential Property
blackheath
02083054229
maria.lati@grantsaw.co.uk
Mike Clary
Partner
Head of Family
greenwich
02083054237
mike.clary@grantsaw.co.uk
Kalpa Prajapati
Partner
Head of Private Client
blackheath
02083053536
kalpa.prajapati@grantsaw.co.uk
Mario Savvides
Partner
Head of Commercial Property
greenwich
02083053531
mario.savvides@grantsaw.co.uk
Sarah-Kate Jackson
Partner
Head of Litigation
greenwich
02083054236
sarah-kate.jackson@grantsaw.co.uk
Adina-Leigh Collins
Litigation
Solicitor
greenwich
02083053556
adina-leigh.collins@grantsaw.co.uk
Aimal Gram
Commercial Property
Solicitor
greenwich
02083053524
aimal.gram@grantsaw.co.uk
Aisha Mohammed
Residential Property
Solicitor
greenwich
02083054228
aisha.mohammed@grantsaw.co.uk
Aishat Balogun
Aishat Balogun
Family
Solicitor
greenwich
02083054214
aishat.balogun@grantsaw.co.uk
An Le Tran
Commercial Property
Professional Support Solicitor
greenwich
02083054226
anle.tran@grantsaw.co.uk
Angus Young
Litigation
Solicitor
greenwich
02083054225
angus.young@grantsaw.co.uk
Atifha Aftab
Atifha Aftab
Family
Solicitor
greenwich
02083054238
atifha.aftab@grantsaw.co.uk
Bimal Kotecha
Litigation
Solicitor
greenwich
02083053523
bimal.kotecha@grantsaw.co.uk
Charlotte Mandy
Charlotte Warren
Private Client
Solicitor
blackheath
02083054231
charlotte.warren@grantsaw.co.uk
Claire Mac Mahon
Litigation
Solicitor
greenwich
02083053537
claire.macmahon@grantsaw.co.uk
Deborah Taite
Residential Property
Solicitor
blackheath
02083053542
deborah.taite@grantsaw.co.uk
Emily Pearce
Residential Property
Solicitor
greenwich
02083053526
emily.pearce@grantsaw.co.uk
Georgia Beales
Litigation
Paralegal
greenwich
02083054206
georgia.beales@grantsaw.co.uk
James McKimm
James McKimm
Corporate and Commercial
Solicitor
greenwich
02083054217
james.mckimm@grantsaw.co.uk
Jeremy Brooks
Jeremy Brooks
Private Client
Solicitor
blackheath
02083053534
jeremy.brooks@grantsaw.co.uk
Joanna Godden
Notary Public
Notary
greenwich
02083083535
joanna.godden@grantsaw.co.uk
Kim Whitaker
Kim Whitaker
Corporate and Commercial
Head of Corporate and Commercial
greenwich
02083053539
kim.whitaker@grantsaw.co.uk
Laura Danquah
Compliance Manager
greenwich
02083054222
laura.danquah@grantsaw.co.uk
Lauren Smith
Employment and Family
Paralegal
greenwich
02083053543
lauren.smith@grantsaw.co.uk
Mandeep Clair
Family
Solicitor
greenwich
02083054235
mandeep.clair@grantsaw.co.uk
Michael Pope
Employment
Consultant Solicitor
greenwich
02083053540
michael.pope@grantsaw.co.uk
Michelle Pinnington
Michelle Pinnington
Residential Property
Solicitor
greenwich
02083054216
michelle.pinnington@grantsaw.co.uk
Noella Gooden
Employment
Solicitor (Australian qualified)
greenwich
02083053543
noella.gooden@grantsaw.co.uk
Raj Waghela
Raj Waghela
Residential Property
Solicitor
greenwich
02083053529
raj.waghela@grantsaw.co.uk
Randeep Thethy
Randeep Thethy
Residential Property
Solicitor
greenwich
02083054209
randeep.thethy@grantsaw.co.uk
Ruggero Pesciatini
Ruggero Pesciatini
Corporate and Commercial
Paralegal
greenwich
02083054220
ruggero.pesciatini@grantsaw.co.uk
Sarah Conner
Sarah Conner
Private Client
Solicitor
blackheath
02083054234
sarah.conner@grantsaw.co.uk
Simran Lalli
Simran Lalli
Employment
Solicitor
greenwich
02083054208
simran.lalli@grantsaw.co.uk
Susan Collins
Commercial Property
Solicitor
greenwich
02083054200
susan.collins@grantsaw.co.uk
Tatiana Zenina
Tatiana Zenina
Private Client
Solicitor
blackheath
02083054239
tatiana.zenina@grantsaw.co.uk
Trisha Djemal
Trisha Djemal
Residential Property
Consultant Solicitor
blackheath
02083053546
trisha.djemal@grantsaw.co.uk
Tyrone Grant
Residential Property
Head of Leasehold Enfranchisement
blackheath
02083053522
tyrone.grant@grantsaw.co.uk
Denise
Accounts Staff
greenwich
02088586971
enquiries@grantsaw.co.uk
Jayne Lye
Support Staff
Office Manager
greenwich
02083054204
jayne.lye@grantsaw.co.uk
Jamie
Support Staff
Head of IT
greenwich
02088586971
enquiries@grantsaw.co.uk
Kasia
Accounts Staff
greenwich
02088586971
enquiries@grantsaw.co.uk
Michael Tobin
Michael Tobin
Support Staff
Marketing and Business Development Manager
greenwich
02083053550
michael.tobin@grantsaw.co.uk
Sue Holness
Support Staff
Customer Services
greenwich
02083054221
sue.holness@grantsaw.co.uk