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Summary Civil Litigation Unit 7 Application for interim injunction

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Civil Litigation Unit 7 Application for interim injunction

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Application notices

2.1

23APD.2

An application notice must, in addition to the matters set out in rule 23.6,
be signed and include:

 (1)the title of the claim,

 (2)the reference number of the claim,

 (3)the full name of the applicant,

 (4)where the applicant is not already a party, their address for
service, including a postcode; and

 (5)either a request for a hearing or a request that the application be
dealt with without a hearing.

2.2

Where a hearing is requested by the applicant or the court decides to hold
a hearing, the court will notify the applicant of the time and date for the
hearing of the application and may at the same time give directions for
the filing of evidence.

2.3

On receipt of an application notice containing a request that the
application be dealt with without a hearing, a Master, District Judge or
other judge will decide whether the application is suitable for
consideration without a hearing.

2.4

Where the Master, District Judge or other judge so decides, the court will
inform the applicant and the respondent and may give directions for the
filing of evidence.

2.5

Every application should be made as soon as it appears necessary or
desirable to make it.

2.6

Applications should wherever possible be made so that they can be
considered at any hearing for which a date has already been or is about to
be fixed fixed by the court.

2.7

, The parties must anticipate that at any hearing the court may wish to
review the conduct of the case as a whole and give any necessary case
management directions. They should be ready to assist the court and to
answer questions the court may ask.

2.8

Where a date for a hearing has been fixed and a party wishes to make an
application at that hearing but does not have enough time to file or serve
an application notice they should inform the other party and the court (if
possible in writing) as soon as possible and make the application orally at
the hearing.




Applications without service of application notice

3.

23APD.3

An application may be made without serving an application notice only:

 (1)where there is exceptional urgency,

 (2)where the overriding objective is best furthered by doing so,

 (3)by consent of all parties,

 (4)with the permission of the court,

 (5)where the applicant is seeking a direction that their address not
be provided to a party,

 (6)where paragraph 2.8 above applies, or

 (7)where a court order, rule or practice direction permits.




INTERIM REMEDIES
CPR 25
25.1— Orders for interim remedies1

25.1

(1) The court may grant the following interim remedies—

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