Injunctions toolkit

Practical Law UK Toolkit 8-567-3305 (Approx. 8 pages)

Injunctions toolkit

by Practical Law Dispute Resolution

Overview of injunctive relief

An injunction is an order that requires one of the following:

A party to do something (a mandatory injunction).
A party to refrain from doing something (a prohibitory injunction).

For an introduction to the law and practice relating to injunctions, see Practice note, Injunctions: an overview.

For an at-a-glance reminder of the key points and issues relating to injunctions, see Practice note, Injunctions: quick guide.

The court's jurisdiction to grant an injunction is derived from section 37(1) of the Senior Courts Act 1981 (SCA 1981).

Injunctions are an equitable remedy and, therefore, the equitable maxims and doctrines apply. See Practice note, Equitable maxims and doctrines.

An injunction may be an interim or a final measure.

Guidelines on the exercise of the court's discretion to grant an interim injunction were laid down in American Cyanamid Co v Ethicon Ltd [1975] UKHL 1 (see also American Cyanamid principles).

Prohibitory injunctions

A prohibitory injunction is an order that requires a party to refrain from doing a specific act.

Practice notes

For a brief overview, see Prohibitory injunctions: a quick guide.
For more detailed guidance on the law governing prohibitory interim injunctions and the procedure for applying for and enforcing an interim injunction, see Prohibitory injunctions: an overview. This note has particular emphasis on interim injunctions to protect confidential information in commercial relationships.

Standard documents

Prohibitory injunction (pre-action): draft order (with drafting notes) is an example draft order for an interim prohibitory injunction obtained before proceedings have been issued, based on court form CH10: Order for an injunction (intended action).
Prohibitory injunction (after issue of proceedings): draft order is an example draft order for an interim prohibitory injunction obtained after proceedings have been issued, based on court form CH11: Order for interim injunction.

Freezing orders

Freezing orders, previously called mareva injunctions, prohibit a party from disposing of or dealing with that party's assets. A claimant typically seeks a freezing order to preserve the defendant's assets until judgment can be obtained or satisfied.

Practice notes

Freezing orders: a quick guide gives an introduction to freezing orders and highlights the key points to consider from the perspective of the applicant and respondent respectively.
Freezing orders: an overview provides a summary of the law relating to freezing orders, sets out their scope and effect, and provides practical guidance for applicants and respondents.
Freezing orders: the procedure provides practical guidance for those seeking to obtain an interim freezing order. It covers each stage of the application process, including the advice to be given to the applicant, the timing of the application, drafting the application notice, evidence and draft order, the without notice hearing, serving the freezing order, the applicant's undertakings, the solicitor's duties and the steps to be taken after the grant of an order.
Freezing orders: what must be proved? sets out the requirements for the grant of an interim freezing order, including a summary of relevant authorities on whether the applicant has a good arguable case and the risk of dissipation.
Enforcing a freezing order provides guidance for claimants on how to enforce interim freezing orders, including an overview of committal proceedings for contempt of court.
Freezing orders: guidance for respondents and third parties provides guidance on the action required by the respondent to an interim freezing order, and by third parties (such as banks) who are affected by the order. It also sets out the basis on which a freezing order may be set aside, challenged or varied.

Standard documents

For a complete example of a without notice application for an interim freezing injunction at the pre-action stage, see Freezing order: case study. This case study includes:

Each standard document is accompanied by comprehensive drafting notes.

Search orders

A search order is a form of interim mandatory injunction. It requires a defendant to allow the claimant's representatives to enter the defendant's premises and to search for, copy and remove documents or material. Search orders are also referred to as search and seizure orders and Anton Piller orders.

Practice notes

Search orders: an overview provides an overview of the scope and effect of search orders, as well as practical guidance on how to obtain and execute one.

Checklists

Applying for a search order is a checklist of points that a solicitor should consider when advising a client in relation to applying for a search order.
Executing a search order: checklist for applicants is a checklist of points for the solicitors acting for the applicant to take into account when a search order is being executed. It includes matters to be considered when preparing to execute the search, conducting the search itself and after the search has been executed.
Executing a search order: checklist for respondents is a checklist of points for the solicitors acting for the respondent to a search order, including matters to take into account both during and after the execution of the search.

Standard documents

For a complete example of a without notice application for a search order at the pre-action stage, see Search orders: case study. This case study includes:

Comprehensive drafting notes are also included in the case study.

Norwich Pharmacal orders

A Norwich Pharmacal order (NPO) requires a respondent to disclose certain documents or information to the applicant. The most common uses of an NPO are to identify the proper defendant to an action or to obtain information to bring legal proceedings. The respondent must be a party involved or mixed up in a wrongdoing, whether innocently or not, and who is unlikely to be a party to the potential proceedings.

Practice notes

For a brief overview, see Norwich Pharmacal orders: an overview.
For more detail, see Norwich Pharmacal orders: a practical guide. This note summarises the law and procedure relating to NPOs. In particular, it explains the types of case in which Norwich Pharmacal relief may be appropriate, compares the relief with disclosure under CPR 31 and Bankers Trust orders, and considers the availability of relief in cases with a foreign element. It also sets out the procedure for applying for an NPO.
The requirements for obtaining an NPO are set out in Norwich Pharmacal orders: legal issues relevant to the grant of relief. This note also sets out the grounds on which a respondent may challenge or vary an NPO.

Standard documents

Norwich Pharmacal order: draft order is an example draft NPO, and includes integrated drafting notes.

Anti-suit injunctions

Anti-suit injunctions prevent a party from commencing or continuing with proceedings in a foreign jurisdiction. They are used in international litigation and arbitration.

Practice notes

Remedies for breach of the arbitration agreement: anti-suit injunctions in the English courts considers the power of the English court to grant an anti-suit injunction to restrain foreign court or arbitration proceedings where these have been commenced in breach of an arbitration agreement, and gives guidance on practice and procedure.

Standard documents

For examples of documents to be used when seeking an anti-suit injunction under section 37 of the SCA 1981, see:

Springboard injunctions

A springboard injunction is used to prevent a former employee who has used confidential information to their own advantage from gaining a head start in competition with their former employer. An ordinary injunction would not be effective in such circumstances as the information has been published and is no longer confidential.

Practice note, Springboard injunctions for employment lawyers considers the springboard doctrine, what an employer must show to obtain a springboard injunction and how they can protect the employer's business.

Intellectual property

Enforcement of intellectual property rights across online platforms: injunctions, is a checklist on the circumstances in which a rightsholder may be able to obtain an injunction against online intermediaries, in particular ISPs, in relation to online intellectual property right infringement, and the practical points that need to be considered.

Materials relevant to injunctions generally

Practice note, Without notice applications sets out the circumstances in which it is possible to make an application without notice to the respondent, and the additional obligations imposed on the applicant and the applicant's solicitors.
Practice note, Duty of full and frank disclosure sets out the extent of a party's duty to make full and frank disclosure, or duty of fair presentation, when making an application without notice, and the consequences of failing to comply with it.
Practice note, Undertaking in damages explains why a successful applicant for an interim injunction is almost always required to give an undertaking in damages, what the undertaking covers and how it is enforced.
Practice note, Contempt of court: overview provides an overview of the law of contempt, including the substantive law and the procedural rules set out in CPR 81 (Applications and proceedings in relation to contempt of court), that apply from 1 October 2020.
Practice note, Privilege against self-incrimination provides an overview of the law governing privilege against self-incrimination, which exempts a person from being compelled to produce documents or provide information which might incriminate them in any potential or current criminal proceedings in England and Wales.

Injunctions toolkit | Practical Law