12/7/18 - About Injunctions
After paperwork has been filed,
a Judge will review the file,
usually the same day. Based on
the information provided, the
Judge will determine whether to
sign a Temporary Injunction for
Protection. If a Temporary
Injunction is granted a hearing
will be set within 15 days
from the date the Petition was
information on English Law and Injunctions can
be found on Wikipedia.
Some Q & A’s about
What is an injunction?
An injunction is a
Court order prohibiting a person from taking a
particular action (a prohibitory injunction) or
requiring them to take a particular action (a
mandatory injunction). The first step will usually
be to obtain an interim injunction. This is a
temporary injunction, which is usually granted
pending a further hearing or until a full trial of
An injunction may be
necessary to preserve or prevent the loss of an
asset, protect against personal harm, prevent loss
or damage to reputation and safeguard business or
personal interests. Their draconian nature means
that there are stringent principles in place to
determine whether a party will be entitled to an
An application for an
injunction can be made once Court proceedings have
begun. Alternatively, the Court can grant an
injunction before the start of Court proceedings if
the matter is urgent or in the interests of justice.
An injunction made
before a case goes to trial is known as an
"interlocutory" or "interim" injunction. It can be
expressed to remain in force for a particular period
of time. Otherwise, it remains in force until the
matter comes to trial or until the Court makes any
further order. When the matter comes to trial, the
Court will decide whether or not to make a "final"
The procedure for
applying for an injunction will differ depending on
whether the application is to be made with or
without notice to the other side.
An application is made
to the Court that is (or will be) dealing with the
main claim. The requirement for a formal application
notice may be dispensed with in the case of a
without notice application.
The application notice
must state what order the applicant is seeking, the
reasons why the applicant is seeking the order and
the date, time and place of any hearing.
An application for an
interim injunction must usually be supported by
evidence. This will usually be in the form of a
witness statement or affidavit including all
material facts of which the Court should be made
aware, and attaching relevant documents.
are either obtained "on notice" or "without notice".
With an "on notice" application, the other side is
told that the application for an injunction is being
made and when and where it will be heard.
A "without notice"
application is made without the other party having
any notice of the application or being present at
the application hearing. The Court will only grant
an injunction on such an application if there are
good reasons for not giving the respondent any
notice, for example where the matter is too urgent
or where there is a risk that informing the other
side will create a serious risk of assets being
dissipated before the hearing.
It is important to be
aware of the fact that there is an obligation on the
applicant for an injunction, particularly in the
case of a "without notice" application, to inform
the Court of any point that may help the other side
or that it believes the other side would have made
if it had the opportunity to be heard.
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