Interim Injunction in UK Law

Leading Cases
  • Cream Holdings Ltd and Others v Banerjee and another
    • House of Lords
    • 14 October 2004

  • F. Hoffmann-LA Roche & Company A.G. and Others v Secretary of State for Trade and Industry
    • House of Lords
    • 03 July 1974

    The assessment is made upon the same basis as damages for breach of contract would be assessed if the undertaking had been a contract between the plaintiff and the defendant, that the plaintiff would not prevent the defendant from doing that which he was restrained from doing by the terms of the injunction.

  • R v Secretary of State for Transport, ex parte Factortame Ltd (No 2)
    • House of Lords
    • 11 October 1990

    In this context, particular stress should be placed upon the importance of upholding the law of the land, in the public interest, bearing in mind the need for stability in our society, and the duty placed upon certain authorities to enforce the law in the public interest. This is of itself an important factor to be weighed in the balance when assessing the balance of convenience.

    In the end, the matter is one for the discretion of the court, taking into account all the circumstances of the case. Even so, the court should not restrain a public authority by interim injunction from enforcing an apparently authentic law unless it is satisfied, having regard to all the circumstances, that the challenge to the validity of the law is, prima facie, so firmly based as to justify so exceptional a course being taken.

  • Siskina (Owners of cargo lately laden on board) v Distos Compania Naviera S.A.
    • House of Lords
    • 26 October 1977

    A right to obtain an interlocutory injunction is not a cause of action. It is dependent upon there being a pre-existing cause of action against the defendant arising out of an invasion, actual or theatened by him, of a legal or equitable right of the plaintiff for the enforcement of which the defendant is amenable to the jurisdiction of the court. The right to obtain an interlocutory injunction is merely ancillary and incidental to the pre-existing cause of action.

  • N.W.L. Ltd v Woods
    • House of Lords
    • 25 October 1979

  • R (L) v Westminster City Council (MIND and another intervening)
    • Supreme Court
    • 09 May 2013

    In private litigation, a claimant acts in its own interests and has a choice whether to commit its assets and energies to doing so. Particularly in the commercial context in which freezing orders commonly originate, a claimant should be prepared to back its own interests with its own assets against the event that it obtains unjustifiably an injunction which harms another's interests.

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Legislation
  • Anti-social Behaviour, Crime and Policing Act 2014
    • UK Non-devolved
    • January 01, 2014
    ... ... 1: Power to grant injunctions ... (1) A court may grant an injunction under this section against a person aged 10 or over (“the respondent”) ... the court must either—(a) adjourn the proceedings and grant an interim injunction (see section 7) , or(b) adjourn the proceedings without ... ...
  • Consumer Rights Act 2015
    • UK Non-devolved
    • January 01, 2015
  • Unfair Terms in Consumer Contracts Regulations 1999
    • UK Non-devolved
    • January 01, 1999
    ... ... of these Regulations to Scotland for references to an “injunction” or an “interim injunction” there shall be substituted references to ... ...
  • The Family Procedure Rules 2010
    • UK Non-devolved
    • January 01, 2010
    ... ... 8(5A) of that Act, in respect of the application on which the interim gender recognition certificate to which the application relates was ... (1) The court may grant an injunction(GL) only if the injunction(GL) is ancillary or incidental to the ... ...
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Books & Journal Articles
  • ‘Fishing on the Incoming Tide’
    • No. 54-3, May 1991
    • The Modern Law Review
    ... ... instituted proceedings for judicial review and applied for interim relief through the suspension of the operation of the 1988 Act ... ground that English courts had no power to grant an injunction or an interim injunction against the Crown; and that since ... ...
  • Litigation - Remedies and Practice
    • Part IV. Restrictive covenants (freehold land)
    • Restrictions on the Use of Land
    • William Webster/Robert Weatherley
    • 295-315
    ... ... covenant has been broken, then he has a claim for a mandatory injunction and/or damages. If there has been a breach, or the likelihood of breach, ... by a small money payment; (d) the plaintiff failed to seek an interim injunction at an early stage; and (e) that because of section 84 of the ... ...
  • Index
    • Appendices
    • Vexatious Litigants and Civil Restraint Orders. A Practitioner's Handbook
    • David Giles/Maurice Rifat
    • 197-201
    ... ... Employment Tribunal 140–3 interim costs orders 39–40 Leasehold Valuation ... Tribunal and Lands Chamber ... rights considerations 17–19 inferior courts 23–5 interim injunction 22 judicial review, application to apply for 40–5 relationship with s ... ...
  • Extinguishment of Easements and Profits à Prendre
    • Part I. Easements and profits à prendre
    • Restrictions on the Use of Land
    • William Webster/Robert Weatherley
    • 51-54
    ... ... It may afford grounds for an injunction, in which case the user will be suspended until it can be used lawfully ... The case involved an application by the dominant owner for an interim injunction to restrain the servient owner from interfering with the ... ...
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Forms
  • Order for interim injunction
    • HM Courts & Tribunals Service court and tribunal forms
    Chancery forms, including claim forms and applications for orders.
  • General form of injunction for interim application or originating application
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
  • Respondent's notice
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... Case management decision ... Grant or refusal of an interim application ... Final decision ... Other (please give details) ... What ... include an injunction to prevent you from doing ... something or a declaration confirming an ... ...
  • Appellant's notice
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... Case management decision ... Grant or refusal of an interim application ... Final decision ... Other (please give details) ... What ... include an injunction to prevent you from doing ... something or a declaration confirming an ... ...
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