Summary Civil Litigation - Interim Injunctions Notes

Syllabus 15 INTERIM INJUNCTIONS


 Interim injunctions
 American Cyanamid Principles & Exceptions
 Usual undertakings and cross-undertakings

Interim Injunctions  an equitable and discretionary remedy (will only be granted where
there is a COA) Prohibit a person doing something or require a person to do something.

CPR: Part 25

25.1 The court may grant the following interim remedies:
 An interim injunction;
 An interim declaration;
 An order—
(a) for the detention, custody or preservation of relevant property;
(b) for the inspection of relevant property;
(c) for the taking of a sample of relevant property;
(d) for the carrying out of an experiment on or with relevant property;
(e) for the sale of relevant property which is of a perishable nature or which for any
other good reason it is desirable to sell quickly; and
(f) for the payment of income from relevant property until a claim is decided;

 An order-
(a) Authorising a person to enter any land or building in the possession of a party to the
proceedings for the purposes of carrying out an order under subparagraph (c);
(b) To deliver up goods (s4 Torts (Interference with Goods) Act 1977);
(c) A freezing injunction, restraining a party from-
(i) removing from the jurisdiction assets located there; or
(ii) dealing with any assets whether located within the jurisdiction or not;
(d) Directing a party to provide information about the location of relevant property or
assets or which are or may be the subject of an application for a freezing injunction.
(e) Search order (s7 Civil Procedure Act 1997) – requiring a party to admit another party
premises for the purpose of preserving evidence);
(f) For disclosure of documents or inspection of property before a claim has been made
(s33 SCA 1981 or s52 CCA 1984);
(g) In certain proceedings for disclosure of docs or inspection of property against a non-
party (s34 SCA 1981 or s53 CCA 1984)
(h) For interim payment (25.6) for payment by a D on account of any damages, debt or
other sum (except costs) which the court may hold the D liable to pay;
(i) For a specified fund to be paid into court or otherwise secured, where there is a
dispute over a party’s right to the fund;
(j) Permitting a party seeking to recover personal property to pay money into court
pending the outcome of the proceedings and directing that, if he does so, the
property shall be given up to him;
(k) Directing a party to prepare and file accounts relating to the dispute;
(l) Directing any account to be taken or inquiry to be made by the court; and
(m)The enforcement of intellectual property rights (Art 9 Council Directive 2004/48)-
order in intellectual property proceedings making the continuation of an alleged
infringement subject to the lodging of guarantees.

, Syllabus 15 INTERIM INJUNCTIONS



 “relevant property” = property incl. land which is the subject of a claim or as to which
any question may arise on a claim (25.1(2))
 The fact an interim remedy is not listed, does not affect court’s power it may have grant
remedy (25.1(3))
 The court may grant an interim remedy regardless if there has been a claim for a final
remedy of that kind (25.1(4)).

25.2 Time when an order for an interim remedy be made. An order for an interim
remedy may be made at anytime including before proceedings are started (proceedings are
started when the court issues a CF (7.2)) and after judgment has been given. This is subject
to any rule, PD or other enactment that provides otherwise.

HOWEVER:
 The court may grant an interim remedy before a claim has been made only if the matter
is urgent or it is otherwise desirable to do so in the IOJ. Where it grants an interim
remedy before a claim has commenced, the court should give directions requiring a
claim to be commenced (but need not direct a claim be commenced where the
application is for disclosure/inspection before commencement of a claim under s33 SCA
or s52 CCA).
 Unless the court otherwise orders, a D may not apply for any of the interim orders
(25.1(1)) before he has filed either an AOS or a defence.

25.3 How to apply for an interim remedy. The court may grant an interim remedy on an
application made w/o notice if it appears to the court that there are good reasons for not
giving notice. Application must be supported by evidence, unless the court orders otherwise.
If made w/o notice, the evidence must state the reasons notice has not been given.

Commentary

25.1.9  An injunction granted at trial after C has established right in law and D has
infringed it/about to is described as perpetual injunction. An order other than a final
judgement (whether order be made before J or not) is an interlocutory order (interim). A CF
must specify the remedy sought (16.2) and should include any claim for an injunction as a
final order. BUT an application for an II may be made by any party (whether or not an
injunction was included in that party’s CF or counterclaim (25.1(4)). Where D is the
applicant, the relief sought need not necessarily arise in respect of C’s claim – II may be in
terms not appropriate or possible (given nature of allegations) at the final trial.

The II sought must be worded so that the person injuncted knows precisely what they are
prevented from doing or required to do. If C cannot define it with sufficient degree of
precision (e.g. the extent of an area of land or confidential information to be protected), no
II will be granted)

In a claim in which a party (D) is acting as a representative party (19.6) an II granted against
D is binding on all persons represented in the claim, but may only be enforced against a
person who is not a party to the claim with the permission of the court (19.6(4)). Such an