What is an Interim Injunction in England and Wales?

If you are dealing with a dispute, you may encounter an ‘interim injunction’. Knowing the different types of injunctions is important for being aware of the type of ‘relief’ that a court may order. Additionally, it will help you understand your rights and obligations to the other party. This article will provide a general overview of what an interim injunction is and some important points you should keep in mind.

What is an Injunction?

An injunction is a type of relief (or remedy) that a court may order. Where a court orders an injunction, the effect is that you are obliged to either do something or refrain from doing something. An injunction is a discretionary remedy, meaning that a court has the choice to order it if they think it is an adequate remedy given the facts of the dispute. 

An injunction can either be a ‘final injunction’ or an ‘interim injunction’. A final injunction is a permanent order. On the other hand, an interim injunction (sometimes called an ‘interlocutory injunction’) is usually a temporary measure. The purpose of an interim injunction is to maintain a state of affairs until the court gives a final decision in a later proceeding. 

How Do I Know if I Can Get an Interim Injunction?

For a court to grant an interim injunction, you must convince the court that it would be convenient and just to do so. In considering this, the court will take into account:

• all of the facts of the case;
• whether you are looking for an interim injunction before the court has made its final decision;
• whether your cause of action has merit; and
• if there will be a fair balance between the rights of the parties.

It is worth keeping in mind that courts are usually cautious when ordering interim injunctions. This is because interim injunctions happen before the court can fully assess the legal rights of both parties at a decisive trial. As such, the court will not give an interim injunction if it thinks that the injunction is too burdensome on one party (because they may turn out to be innocent). 

Further, the court will also ask whether compensation would be an adequate remedy before considering whether to grant an interim injunction. Therefore, if compensation would be an adequate remedy, the court will be unlikely to grant an interim injunction. All in all, you need to show that you have a good reason to ask specifically for interim relief rather than waiting for a decision in the court or using alternative dispute resolution methods. 

What Can I Get an Interim Injunction For?

Injunctions can take two main forms: 

• Prohibitory Injunction: This is an order for a party to refrain from carrying out a particular act, such as trespassing on land or disclosing confidential information.
• Mandatory Injunction: This order compels a party to take a specific action, for example, requiring them to remove an unauthorised structure they have built. Courts tend to grant mandatory injunctions more cautiously than their prohibitory counterparts, as they effectively force a party to perform a positive act.

A more novel type of interim injunction is the “newcomer” injunction. They are a type of “contra mundum” injunction, binding anyone with notice of the order regardless of whether they were a party to the proceedings. These orders can bind unidentified individuals who have not yet infringed the applicant’s rights, but may do so in the future. For instance, you may obtain a newcomer injunction to prevent unnamed future protestors from trespassing on your company’s premises and disrupting its operations.

Another specialised form of interim injunction is the quia timet order. These can be granted where wrongdoing is merely threatened, but not yet committed, allowing the court to intervene to prevent anticipated harm that damages alone cannot adequately remedy. Springboard injunctions, on the other hand, aim to cancel out any unlawful “head start” a wrongdoer may have gained through their misconduct.

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How Do I Apply for an Interim Injunction?

You make an application for an interim injunction by filling out the relevant application form. Some common forms include the: 

• N16A form if you are making an application in a County Court; or
• N244 form in non-commercial cases. 

Usually, you must support an application with evidence, which involves a statement of your particular case with all material facts and relevant documents. You may also have to prepare witness statements.

How Will the Injunction Be Enforced?

A court has the power to make sure that a party complies with an injunction in a number of different ways. For example, the court can issue a fine, or it may find the party in contempt of court, leading to a seizure of the breaching party’s assets. 

Shall I Tell the Other Party I Am Applying for an Interim Injunction?

You do not have to give notice to the respondent party if you are applying for an interim injunction. This is because giving notice to the other party might lead to complications such as delay tactics. However, if you do not give notice to the respondent, then the hearing will be a ‘without notice’ hearing. 

Key Takeaways

An interim injunction is a type of interim relief that can be granted at a court’s discretion. It usually has the purpose of maintaining the current state of affairs before a court can fully adjudicate on the legal rights of both parties. If you want to get an interim injunction against another party, you should make sure that it is appropriate. If it is not, you could be liable to pay compensation to the other party. 

Finally, if another party is seeking an interim injunction against you, you must comply with the injunction when they serve you notice of it. Failure to comply can lead to you being in contempt of court or facing fines. If you need advice regarding injunctions, LegalVision’s disputes lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.

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