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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 (IIs)

? injunction = a court order prohibiting a person from doing something (prohibitory) or requiring a person to do something (mandatory)

? any party can apply
? need substantive cause of action

WHICH JUDGE? (PD25A para 1)

? judge who has jurisdiction to try claim; OR
? HC master / HC DJ by consent; OR
? coco DJ if has trial jurisdiction (small claims / fast track) WHEN TO APPLY? (r25.2)

? after D has filed AoS / defence PRE-ACTION WITHOUT NOTICE INTERIM APPLICATION - REAL URGENCY

? C may apply pre-action if: (a) matter is urgent; OR (b) otherwise necessary / desirable to do so in the interests of justice
? can also be without notice if no practical possibility of giving 3 clear days' notice
? give informal notice (unless secrecy required)
? court often dispenses with application notice - will require undertaking to file app notice and pay fee on same or next working day

? almost always considered at a hearing (but without full / any notice to respondent) Application dealt with at court hearing (usual) e.g. just before court opens - get priority in the list

? if possible, file application notice + evidence + draft order 2 hours before hearing
? apply before issue of app notice - provide draft order at hearing + file app notice and evidence on the same or next working day or as ordered by the court

? apply before issue of claim form - give undertaking to issue claim form immediately or court will give directions for the commencement of the claim (para 4.4) Application dealt with by telephone (EXTREME urgency) e.g. court closed i.e. after 5pm

? usually fax draft order to judge
? must file app notice + evidence + 2 copies of order for sealing with court on same or next working day as ordered The pre-action order

? if granted, court may give directions requiring a claim to be commenced (r25.2(3))
? if app made before issue of claim form, serve claim form with order (PD25A para 4.4(2))

? must include o undertaking to serve app notice + evidence + any order made as soon as practicable

o return date for further hearing at which respondent can be present o statement of right to apply to set aside or vary the order within 7 days after service (r23.10) APPLICATIONS DURING PROCEEDINGS

? same as for other on notice interim applications
? file skeleton argument THE ORDER Contents

? penal notice on front page warning D that breach may result in imprisonment, punishment, fine or sequestration of assets (r81.9)

? undertakings given by C: o all orders must contain (unless court orders otherwise) (PD 25A para 5.1)undertaking to pay feeundertaking to pay damagesif order made before filing app notice = undertaking to file app notice and pay fee on same or next working dayif order made before issue of claim form =

o undertaking to issue claim form and pay fee on same or next working day; or

o directions for commencement of claim o orders for without notice applications must containmust include (unless court otherwise orders)undertaking to serve app notice + evidence + any order made as soon as practicablereturn date for further hearing at which respondent can be presentstatement of right to apply to set aside or vary the order within 7 days after service (r23.10)

Terms

? injunction must be worded with a very high degree of precision, so D can know with certainty what is and is not permitted, otherwise won't be granted Personal service

? unless court dispenses with service (r81.8) must be personal so can be enforced in committal (rr81.5 and 81.6)

THE TEST

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