This website uses cookies to ensure you get the best experience on our website. Learn more

BPTC Law Notes BPTC Civil Ligitation Notes

Interim Injunctions Notes

Updated Interim Injunctions Notes

BPTC Civil Ligitation Notes

BPTC Civil Ligitation

Approximately 1172 pages

A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...

The following is a more accessible plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Interim Injunctions

What is the procedure for applying for a pre-action interim injunction?

In cases of urgency an application can be made before issuing proceedings and without notice (this is without 3 days notice, but the application should give the defendant some notice, e.g. by phone).

  1. Special form for applying for injunctions (N16A) must be used;

  2. Must state the order sought and date, time and place of hearing;

  3. It must be supported by evidence;

  4. A draft order should also be provided.

If an order is made, what will it include?

If an order is made, it will include:

  • An undertaking by the application to serve on the respondent the application notice, order and the evidence must be as soon as practicable; and

  • A return date for a further hearing that can be done with notice.

What is the procedure for applying for an interim injunction during proceedings?
  1. Application notice is served supported by evidence (a witness statement, information set out in application verified by a statement of truth, or information set out in a statement of case, also verified by a statement of truth);

  2. Notice and evidence served to respondents ASAP, not less than 3 clear days before hearing; and

  3. Respondents should disclose their evidence in reply.

What is the main principle to be applied by the court? That is must be just and convenient to grant an injunction.

Principles applied by the court

What are the exceptions and variations to American Cyanamid?

Applications for mandatory interim injunctions

This type of injunction, requiring the defendant to take certain action, will only be ordered if the judge has a high degree of assurance on the merits. This is more difficult to establish than serious issue to be tried, which is a low threshold.

The mandatory nature of the order may also be reflected in the discretion to grant the order.

Applications for interim injunctions that will finally dispose of the claim

This exception is where neither side is realistically going to take the case to trial if the interim injunction application went against them. There is some flexibility over the approach to the merits requirement in this category, but typically the court insists on a very strong case, such as an "overwhelming case" or a case with a "high degree of assurance". This reflects the need to comply with the fair trial obligation in the ECHR, art 6(1).

The final disposal aspect may also be reflected in the discretion to grant the order.

Cases where there is no arguable...

Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.

More BPTC Civil Ligitation Samples