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see also Practice Direction 14

# Part 14 Interim Injunctions

Contents of this Part
Title | Number
--- | ---
Scope of this Part | Rule 117
Order for interim injunction | Rule 118
Time when an order for an interim injunction may be made | Rule 119
How to apply for an interim injunction | Rule 120
Interim injunction to cease if application is stayed | Rule 121

## Scope of this Part

### 117

The rules in this Part do not apply to proceedings in a magistrates’ court.

## Order for interim injunction

### 118

(1) The court may grant an interim injunction.

(2) Paragraph (1) does not limit any other power which the court may have to grant an injunction.

(3) The court may grant an interim injunction whether or not there has been an application.

## Time when an order for an interim injunction may be made

### 119

(1) An order for an interim injunction may be made at any time, including –

(a) before proceedings are started; and

(b) after judgment has been given.

(Rule 19 provides that proceedings are started when the court issues an application form.)

(2) However –

(a) paragraph (1) is subject to any rule, practice direction or other enactment which provides otherwise; and

(b) the court may grant an interim injunction before an application has been made only if –

(i) the matter is urgent; or

(ii) it is otherwise desirable to do so in the interests of justice.

(3) Where the court grants an interim injunction before an application has been commenced, it may give directions requiring an application to be commenced.

## How to apply for an interim injunction

### 120

(1) The court may grant an interim injunction on an application made without notice if it appears to the court that there are good reasons for not giving notice.

(2) An application for an interim injunction must be supported by evidence, unless the court orders otherwise.

(3) If the applicant makes an application without giving notice, the evidence in support of the application must state the reasons why notice has not been given.

(Rule 12 lists general case-management powers of the court.)

(Part 9 contains general rules about making an application.)

## Interim injunction to cease if application is stayed

### 121

If –

(a) the court has granted an interim injunction; and

(b) the application is stayed other than by agreement between the parties,

the interim injunction shall be set aside unless the court orders that it should continue to have effect even though the application is stayed.

Published by TSO on behalf of the Ministry of Justice

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