Quia Timet Injunctions: A Comprehensive Guide For Companies

Quia Timet Injunctions: A Comprehensive Guide For Companies
Written by Jeremy Boyle Last Updated: 8 October, 2025
All Commercial Litigation

When you know harm is likely but hasn’t yet occurred, a quia timet injunction can provide you with vital protection. These powerful court orders offer security and peace of mind for individuals and businesses alike.

In this guide, we explain what quia timet injunctions are, when they can be used, and how to apply or contest the injunction.

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What is a quia timet injunction?

A quia timet injunction, derived from the Latin phrase meaning “because he fears,” is a court order designed to prevent a potential or anticipated harm before it happens. This proactive legal measure is granted when there is a real and imminent risk of harm that requires intervention to avoid future damage.

Here are the key points you need to know:

  • Proactive Legal Protection: Unlike other injunctions, a quia timet injunction addresses threats of harm rather than past or ongoing wrongful acts.
  • High Burden of Proof: Applicants must demonstrate a credible and immediate risk of harm to justify the court’s intervention.
  • Rarely Granted: Due to its preventative nature, this type of injunction is less common and requires compelling evidence to succeed.

Difference between mandatory and prohibitory quia timet injunctions

A quia timet injunction can be either prohibitory or mandatory, depending on the nature of the anticipated harm.
  • Prohibitory quia timet injunctions: These stop something from happening before it starts. For example, preventing a company from disclosing confidential information, halting proposed construction work, or blocking the release of defamatory material.
  • Mandatory quia timet injunctions: These orders go a step further. They compel someone to take positive action to prevent harm, such as implementing safety measures. Because mandatory orders compel a party to act rather than simply refrain, they are more difficult to obtain. 

How long does a quia timet injunction last?

A quia timet injunction can be granted on an interim basis, giving immediate but temporary protection until the court can hear the full case.

 

If the court is satisfied after hearing all the evidence, it can also grant a final (or permanent) quia timet injunction, which remains in place for as long as the court considers necessary to prevent the threatened harm.

Quia timet injunction examples

These injunctions are used in situations where the risk of harm is clear and substantial, but action has not yet been taken. For example: 

  • Preventing property damage: Stopping a neighbour from starting excavation works that would undermine the foundations of your property.
  • Restraining anticipated breaches of contract: Preventing a supplier from disclosing confidential information they have threatened to release.
  • Intellectual property protection: Blocking the planned launch of a product that would infringe your registered trade mark.
  • Nuisance and harassment: Stopping a planned protest, demonstration, or other activity where credible threats suggest unlawful disruption is likely.
  • Environmental harm: Preventing the dumping of waste on land before it begins.

When can a quia timet injunction be granted?

The court’s power to grant injunctions, including quia timet injunctions, stems from Section 37 of the Senior Courts Act 1981 and Part 25 of the Civil Procedure Rules.  

Courts in England and Wales will only grant a quia timet injunction if strict conditions are met. To succeed, an applicant must show:

  • Imminent risk: There is convincing evidence that the threatened act will happen and cause harm if no order is made. Speculative risks will not be enough.
  • Likelihood of occurrence: There is clear evidence that the threatened act will happen and harm will occur if no order is made.
  • Seriousness of harm: The potential harm will be substantial, serious, or irreparable, and that damages (financial compensation) would not be an adequate remedy.
  • Balance of convenience: The risk of harm to you outweighs the burden placed on the other party. 
  • Fairness and justice: That granting the injunction is proportionate and fair, given all the circumstances. 

Obtaining a quia timet injunction requires a higher bar than many other injunctions because it deals with anticipated, rather than existing harm. 

Courts can also grant injunctions against ‘persons unknown’ where unlawful acts are anticipated but those responsible haven’t been identified.

Example case: National Highways v Persons Unknown (2023)

National Highways had used interim injunctions to stop Insulate Britain protestors blocking roads. When it asked for final injunctions, the High Court declined for most protestors, because there was no proof they had already broken the law.

However, the Court of Appeal disagreed, ruling that what matters is the threat of unlawful action, not whether it has happened already. In short, you don’t need to prove someone has already committed a wrongful act to get a quia timet injunction.

Benefits of a quia timet injunction

When granted, a quia timet injunction can provide robust protection. Key benefits include:

  • Stopping harm before it occurs: Prevents damage, loss, or disruption at the earliest possible stage.
  • Preserving rights: Protects property, contractual, and intellectual property rights from being undermined.
  • Avoiding irreparable harm: Certain types of harm, such as reputational damage or structural property damage, cannot be reversed.
  • Providing peace of mind: Knowing that the threat has been legally restrained allows individuals and businesses to focus on their priorities.
  • Strengthening your position: Securing an injunction can encourage the other side to engage constructively in settlement or negotiations.

However, a quia timet injunction is not suitable for every situation. Depending on the circumstances, you might be better: 

  • Relying on another form of injunction  
  • Claiming damages through the courts if financial compensation would adequately cover the loss
  • Exploring negotiated undertakings, settlement agreements, or alternative dispute resolution to secure protection without formal court proceedings.

How to apply for a quia timet injunction

Applying for a quia timet injunction is a technical and evidence-heavy process. Courts expect a high standard of proof, so quality legal advice is essential.

Typical steps when applying for a quia timet injunction

  1. Seek immediate legal advice: Speak to injunction solicitors who can assess whether your case meets the criteria.
  2. Gather evidence: Collect documents, witness statements, or expert reports showing the likelihood and seriousness of the threatened harm.
  3. Prepare the application: Draft the application notice, witness statement, and proposed order setting out the terms of the injunction.
  4. Issue the application at court: File the application at the High Court or County Court, depending on the case.
  5. Consider urgency: In very urgent cases, you may be able to apply without notice (ex parte) so that the injunction can be granted before the other side is aware.
  6. Provide an undertaking in damages: You will usually need to promise to compensate the respondent if the injunction later proves to have been wrongly granted.
  7. Attend the hearing: The judge will review the evidence and arguments and decide whether to grant the injunction. 

How to defend against a quia timet injunction

Being served with a quia timet injunction can be daunting. Even though the order is based on anticipated harm rather than proven wrongdoing, it is legally binding and must be taken seriously. 

You should prepare for a return hearing, where the court will reconsider the order with input from both parties. And there are several potential lines of defence:

  • Challenge the evidence: Argue that the risk of harm is speculative or exaggerated.
  • Offer undertakings: Propose your own binding promise to the court instead of a formal injunction.
  • Dispute proportionality: Show that the order goes further than necessary to protect the claimant.
  • Apply to vary or discharge: Ask the court to change or remove the order if circumstances have changed.

An experienced solicitor can advise which approach gives you the best chance of success.

What happens if you breach a quia timet injunction?

Breaching any injunction is a serious matter, and a quia timet injunction is no different. Non-compliance can amount to contempt of court, which may result in:
  • Fines
  • Seizure of assets
  • Imprisonment (up to two years)
  • Being ordered to pay the other side’s legal costs.
Even if you believe the injunction was wrongly granted, you must comply until it is varied or discharged by the court.

Can a quia timet injunction be overturned?

Yes, like other injunctions, a quia timet injunction can be overturned. The respondent can apply to the court to have it varied or discharged if:
  • The risk of harm is no longer imminent
  • The injunction was granted on incomplete or misleading evidence
  • The order is too broad or disproportionate
  • Circumstances have changed since it was made.

FAQs about quia timet injunctions

Quia timet injunctions are complex, and it’s natural to have questions. Below, we answer some of the most common queries to help you understand how they work.

Not exactly. A quia timet injunction can be prohibitory or mandatory. The key feature is that it addresses anticipated harm, rather than harm that has already occurred.

A freezing order is designed to stop a party from dissipating assets before a judgment can be enforced. That makes it a form of quia timet relief when used to prevent dissipation that has not yet begun. However, freezing orders are a distinct category of injunction with their own strict rules.

In urgent cases, the court may grant one within 24–48 hours of instructing solicitors.

Costs vary, but straightforward applications typically range from £5,000 to £7,500. Complex or contested cases can exceed £15,000, excluding court and barrister’s fees.

Yes, in urgent situations. But a return hearing will usually follow to give both sides a chance to be heard.

Contact our injunction solicitors today

Timing is everything when it comes to injunctions. A threatened wrong can escalate fast, and waiting until harm occurs may leave you with limited remedies. At Summit Law, our team of litigation solicitors offer: 
  • Urgent response: Preparing applications within hours when speed is critical.
  • Specialist expertise: Advising across a wide range of commercial and employment related matters.
  • Proven track record: Securing and defending injunctions in complex, high-value, and urgent cases.
  • Strategic advice: Assessing your chances of success and guiding you through each stage of the quia timet injunction process.
For your free initial consultation, contact us today on 020 7467 3980 or complete the website enquiry form.
About the Author:

Jeremy Boyle

Head of Insolvency | Summit Law Jeremy qualified as a solicitor in 1993 and is the firm’s founding partner. He specialises in commercial litigation, dispute resolution, fraud and insolvency law for clients in the UK, Gibraltar, Portugal, Spain, and South America. Jeremy is the supervisor of our Insolvency team.