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see also Part 14

# Practice Direction – Interim Injunctions This Practice Direction supplements Part 14 of the Family Procedure (Adoption) Rules 2005

## Making an application

### 2.1

The application notice must state –

(1) the order sought; and

(2) the date, time and place of the hearing.

### 2.2

Unless the court directs otherwise, the application notice and evidence in support must be served as soon as practicable after issue and in any event not less than 7 days before the court is due to hear the application1.

### 2.3

The applicant should file sufficient copies of the application notice and evidence in support for the court and for each respondent.

### 2.4

Whenever possible a draft of the order sought should be filed with the application notice and a disk containing the draft should also be available to the court in a format compatible with the word processing software used by the court. This will enable the court officer to arrange for any amendments to be incorporated and for the speedy preparation and sealing of the order.

## Evidence

### 3.1

Applications for interim injunctions must be supported by evidence set out in either –

(1) a witness statement; or

(2) the application notice provided that it is verified by a statement of truth

unless the court, an Act, a rule or a practice direction requires evidence by affidavit.

### 3.2

The evidence must set out the facts on which the applicant relies for the application being made against the respondent, including all material facts of which the court should be made aware.

### 3.3

Where an application is made without notice to the respondent, the evidence must also set out why notice was not given.

(See Part 15 and the practice direction that supplements it for information about evidence.)

## Urgent applications and applications without notice

### 4.1

These fall into two categories –

(1) applications where an application form in proceedings has already been issued; and

(2) applications where an application form in proceedings has not yet been issued;

and, in both cases, where notice of the application has not been given to the respondent.

### 4.2

These applications are normally dealt with at a court hearing but cases of extreme urgency may be dealt with by telephone.

### 4.3

Applications dealt with at a court hearing after issue of an application form –

(1) the application notice, evidence in support and a draft order (as in paragraph 2.4) should be filed with the court two hours before the hearing wherever possible;

(2) if an application is made before the application notice has been issued, a draft order (as in paragraph 2.4) should be provided at the hearing, and the application notice and evidence in support must be filed with the court on the same or next working day or as ordered by the court; and

(3) except in cases where secrecy is essential, the applicant should take steps to notify the respondent informally of the application.

### 4.4

Applications made before the issue of an application form –

(1) in addition to the provisions set out at paragraph 4.3, unless the court orders otherwise, either the applicant must undertake to the court to issue an application notice immediately or the court will give directions for the commencement of the application2; and

(2) an order made before the issue of an application form should state in the title after the names of the applicant and respondent ‘the Applicant and Respondent in Intended Proceedings’.

### 4.5

Applications made outside normal working hours –

(1) where an application is made outside normal working hours the applicant should either –

(a) telephone the Royal Courts of Justice on 020 7947 6000 where he will be put in contact with the clerk to the appropriate duty judge in the High Court (or the appropriate area Circuit Judge where known); or

(b) the Urgent Court Business Officer of the appropriate Circuit who will contact the local duty judge;

(2) where the facility is available it is likely that the judge will require a draft order to be faxed to him;

(3) the application notice and evidence in support must be filed with the court on the same or next working day or as ordered, together with two copies of the order for sealing; and

(4) injunctions will be heard by telephone only where the applicant is acting by counsel or solicitors.

## Orders for injunctions

### 5.1

Any order for an injunction, unless the court orders otherwise, must contain –

(1) an undertaking by the applicant to the court to pay any damages which the respondent(s) (or any other party served with or notified of the order) sustain which the court considers the applicant should pay;

(2) if made without notice to any other party, an undertaking by the applicant to the court to serve on the respondent the application notice, evidence in support and any order made as soon as practicable;

(3) if made without notice to any other party, a return date for a further hearing at which the other party can be present;

(4) if made before filing the application notice, an undertaking to file and pay the appropriate fee on the same or next working day, and

(5) if made before issue of an application form in proceedings –

(a) an undertaking to issue and pay the appropriate fee on the same or next working day; or

(b) directions for the commencement of the proceedings.

### 5.2

An order for an injunction made in the presence of all parties to be bound by it or made at a hearing of which they have had notice, may state that it is effective until final hearing or further order.

### 5.3

Any order for an injunction must set out clearly what the respondent must do or not do.

## Footnotes

1. See rule 91(1) and (2) and rule 91(4) (short notice).
2. See rule 119(3).

Published by TSO on behalf of the Ministry of Justice

Applications to reproduce the material in this value added publication should be addressed to Office of Public Sector Information, Information Policy Team, Kew, Richmond, Surrey, TW9 4DU.

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