#13705 - Interim Injunctions - BPC Civil Litigation

Made with application notice. Must state:

• What order A is seeking, and

• Date, time, place of hearing, if hearing needed.

Application notice should be served on R. If A makes a without notice application there must be good reasons (eg immediacy of remedy sought or initial confidentiality of the issue concerned) for not giving notice.

A without notice application should contain a return date.

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 defence

In cases where the defendant has no arguable defence to the claim, American Cyanamid principles will not be applied, and the court will grant relief on ordinary equitable principles.

However, it would be simpler for the claimant in these cases to simply apply for summary judgment and obtain a permanent injunction.

Freedom of expression cases

The HRA s12(3) provides the interim injunctions that inhibit...