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Interim Injunctions Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

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A more recent version of these Interim Injunctions notes – written by City Law School students – is available here.

The following is a more accessble 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?

If an order is made, what will it include?

What is the procedure for applying for an interim injunction during proceedings?

What is the main principle to be applied by the court?

Principles applied by the court

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, 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. (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. That is must be just and convenient to grant an injunction.

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