Order for an injunction (intended action)
| Published date | 21 March 2018 |
| Subject Matter | Chancery forms |
Order for an Injunction (Intended action) CH10
[IN THE HIGH COURT OF JUSTICE] Claim No.……..
BUSINESS AND PROPERTY COURTS
] DISTRICT REGISTRY
[ ] COUNTY COURT
BEFORE the Honourable Mr Justice/Master/District Judge
……………..20……...
IN AN INTENDED ACTION BETWEEN
Between
Intended Claimant
and
Intended Defendant
ORDER FOR AN INJUNCTION BEFORE THE
ISSUE OF A CLAIM FORM
IMPORTANT:-
NOTICE TO THE INTENDED DEFENDANT ("the Defendant")
(1) This Order [prohibits you from doing] [obliges you to do] the acts set out in this Order. You should read it all carefully. You are advised to consult a solicitor as soon as possible. You have a right to ask the Court to vary or discharge this Order.
(2) If you disobey this Order you may be found guilty of Contempt of Court and [any of your directors] may be sent to prison or fined [and you may be fined] or your assets may be seized.
Include the words in square brackets in the case of a corporate defendant. This notice is not a substitute for the indorsement of a penal notice
An Application was made on ……..the by Counsel for …………. (who is to be the Claimant in a Claim against………….) to the Judge who heard the Application supported by the Witness Statements / affidavits listed in schedule 1 to this order, and accepted the undertakings in Schedule 2 at the end of this Order.
IT IS ORDERED that up to and including […….(date) the ("the Return Date")] [trial of the intended action]:-
The Defendant must/must not (body of injunction).
SUBSTITUTED SERVICE/SERVICE OUT OF THE JURISDICTION
1) The Claimant may issue and serve the Claim Form on the Defendant at…….(address) by……. (date).
2) If the Defendant wishes to defend the Claim he must acknowledge service within ………days of being served with the Claim Form.
VARIATION OR DISCHARGE OF THIS ORDER
The Defendant may apply to the Court at any time to vary or discharge this Order but if he wishes to do so he must first inform the Claimant's solicitors [in writing].
NAME AND ADDRESS OF CLAIMANT'S SOLICITORS
The Claimant's solicitors are:- (name, address and telephone number).
INTERPRETATION OF THIS ORDER
1) In this Order the words "he" "him" or "his" include "she" or "her" and "it" or "its".
2) Where there are two or more Defendants then (unless the contrary appears)
(a) References to "the Defendant" mean both or all of them;
(b) An Order requiring "the Defendant" to do or not to do anything requires each Defendant to do or not to do it;
(c) A requirement relating to service of this Order or of any legal proceedings on "the Defendant" means on each of them.
THE EFFECT OF THIS ORDER
1) A Defendant who is an individual who is ordered not to do something must not do it himself or in any other way. He must not do it through others acting on his behalf or on his instructions or with his encouragement.
2) A Defendant which is a corporation and which is ordered not to do something must not do it itself or by its directors, officers, employees, or agents or in any other way.
SERVICE OF THIS ORDER
This Order shall be served by the Claimant on ………….
SCHEDULE 1.
witness statements/Affidavits
The Claimant relied on the following Witness Statements / Affidavits:
1)
2)
SCHEDULE 2.
Undertakings given to the Court by the Claimant
1. To pay any...
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