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 filed.' 

Further information on English Law and Injunctions can be found on Wikipedia.


Some Q & As about Injunctions

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 the dispute.

In what circumstances can a party apply for an injunction?

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 injunction.

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" injunction.

What is the procedure for applying for an injunction?

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.

Will the other side need to be informed if an injunction is applied for?

Interim injunctions 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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January 8, 2021

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