When it comes to litigation, timing can be everything. So, when urgent legal action is required to prevent harm, protect assets, or maintain the status quo, an interim injunction is one of the most powerful legal tools at your disposal.
In this legal guide, we break down everything you need to know about interim injunctions, including what they are, how to apply, their benefits, common types, and what happens if they’re breached.
What is an interim injunction?
An interim injunction is a temporary court order issued before a full trial or final judgment is reached. The injunction is designed to preserve the status quo or prevent specific actions from taking place while a case is ongoing. A judge typically grants these orders in cases where someone may suffer irreparable harm if the court does not intervene urgently.
Interim injunctions are commonly sought in civil matters. For example, contract disputes, intellectual property claims, or cases involving harassment or nuisance. The orders do not resolve the underlying dispute, but they do provide short-term relief or protection until the court can conduct a full hearing.
How interim injunctions are granted by the court
- On notice: Where the other party is informed and has the opportunity to respond
- Without notice (ex-parte): Where the other side is not informed about the application. Ex-parte applications are only used in particularly urgent or sensitive cases.
12 common types of interim injunction
Several types of interim injunctions exist. Each tailored to different circumstances. Common types include:
Interim prohibitory injunctions
These orders prevent a party from doing something, such as using confidential information, continuing with construction work, or publishing defamatory content.
Interim mandatory injunctions
A mandatory injunction requires the recipient to take a specific action. For example, removing unlawfully placed structures or restoring access to property.
Interim freezing injunctions
Freezing injunctions are used to prevent a respondent from disposing of or concealing assets, typically to ensure that sufficient funds will be available to satisfy a court judgment later on. Freezing orders require compelling evidence, demonstrating a tangible risk that assets will be dissipated before the matter is decided in court.
Interim search orders
An interim search order is granted before a full trial to preserve crucial evidence that might otherwise be hidden, altered, or destroyed. Search orders are usually used in cases involving fraud or intellectual property infringement.
Interim non-molestation or harassment injunctions
Often used in family or harassment cases, these prevent an individual from contacting or approaching another person and are designed to protect them from harassment, intimidation, or violence.
Interim possession orders
Used in property disputes to regain possession of land or buildings on a temporary basis, pending a final decision, these are governed by Part 55 of the Civil Procedure Rules and are subject to specific eligibility criteria.
Interim springboard injunctions
Springboard injunctions are often granted on an interim basis to prevent a party from gaining or continuing to benefit from an unfair competitive advantage. These are especially common in employment or commercial disputes following the misuse of confidential information or the breach of restrictive covenants.
Interim privacy injunctions
Privacy injunctions can be granted on an interim basis, usually on an urgent ex parte application, to prevent immediate harm from disclosure of private or sensitive information. These are sometimes known as “super-injunctions” when they also bar reporting of the injunction itself.
Interim proprietary injunctions
Proprietary injunctions are commonly granted as interim relief to protect disputed property or assets. For example, if someone claims ownership of a specific asset, the court may prevent the other party from disposing of it until the issue is resolved.
Disclosure orders
Orders such as Norwich Pharmacal (NPO) or Bankers Trust orders are typically granted at an interim stage to assist in identifying defendants or tracing assets before full proceedings can occur.
Quia timet injunctions
By nature, these are usually interim measures, as they are designed to prevent a wrongful act from occurring. The applicant must show a high probability of imminent harm to justify relief in advance.
Interim restraining orders
Although the criminal courts usually impose formal restraining orders, civil courts can issue injunctions with similar effect under harassment legislation to restrict a person’s conduct.
Benefits of interim injunctions
- Urgent protection: Injunctions offer immediate legal protection against harm, loss or damage.
- Preservation of assets or evidence: They prevent the dissipation or destruction of assets or evidence critical to the outcome of a case.
- Leverage in negotiations: Applying for an injunction can prompt settlement discussions and place pressure on the opposing party.
- Maintaining the status quo: Injunctions prevent a respondent from gaining an unfair advantage while legal proceedings unfold.
How to apply for an interim injunction
Applying for an interim injunction involves a structured legal process. Applicants must satisfy the court that there is a serious issue to be tried, that damages would be inadequate, and that the balance of convenience favours the granting of the injunction.
Step-by-step process to apply for an interim injunction:
- Seek legal advice: Interim injunctions require swift but strategic action. Professional advice is crucial to determine whether your case meets the legal criteria.
- Prepare evidence: The court requires detailed evidence in the form of witness statements and documents. These must demonstrate the urgency, risk of harm, and why other remedies (such as damages) would be insufficient.
- Issue the application: Complete the necessary court forms and submit your evidence bundle. You may also need a draft order outlining the terms you seek.
- Serve notice (if applicable): In standard cases, you must notify the respondent and provide them with the evidence before the hearing. In exceptional cases, you may apply without notice.
- Attend the hearing: A judge will consider your application, assess the legal test, and determine whether to grant the injunction. If granted, the order will typically remain in effect until a set date, the final hearing, or a subsequent court order.
- Undertaking in damages: The applicant typically provides an undertaking to compensate the respondent if it later becomes apparent that the injunction should not have been granted.
Understanding undertaking in damages
When applying for an interim injunction, the applicant is usually required to give an undertaking in damages. This is a formal, legally binding promise to compensate the respondent if it is later determined that the injunction should not have been granted.
The undertaking provides a vital safeguard to balance the potential harm caused by an interim injunction. If the injunction causes loss or disruption to the respondent and is ultimately shown to be unjustified, the respondent can pursue damages under this undertaking.
What happens if you breach an interim injunction?
- Fines
- Seizure of assets
- Imprisonment (up to two years)
- Adverse costs orders.
How to defend against an interim injunction
- Comply with the terms: Even if you believe the injunction is unjust, failure to comply can result in contempt proceedings.
- Seek legal advice: A solicitor can advise on your rights and options, including whether to apply to vary or discharge the injunction.
- Review the documents: Understand the basis for the order and assess whether the applicant has met the legal threshold. Your solicitor can do this for you.
- Prepare for the return hearing: Interim injunctions are often granted for a limited period, with a second hearing scheduled. This is your opportunity to challenge the order.
- Apply to discharge: If there are grounds (e.g. no serious issue to be tried, or damages would be sufficient), you may ask the court to set aside the injunction.
FAQs about interim injunctions
The duration of an interim injunction varies. Some are granted for a few days until a return hearing, while others may last until the full trial. The court may also impose a fixed timeframe or require periodic reviews.
Possibly. A respondent can apply to vary or discharge the injunction if they believe it was wrongly granted. This is typically done at the return hearing or by making an urgent application.
Yes, in urgent or sensitive cases, courts can grant interim injunctions without notifying the respondent. These are typically followed by a return hearing, during which both sides can present their arguments.
If you suspect an injunction has been made against you, the first step is to check whether you have been served with a court order. If you have not been formally served but believe an order exists, contact the relevant court directly or seek immediate legal advice. In urgent or ex-parte cases, the court may grant the order before you are informed.
If you are the applicant, it is your responsibility (or your solicitor’s) to ensure the order is served properly and promptly on the respondent once granted. If you’re at all unsure, speak to an injunction solicitor immediately.
An interim injunction is a temporary measure granted before a final decision is made. A final injunction is a permanent order made after full consideration of the case at trial.
Contact our interim injunction solicitors today
- Rapid response: We act promptly to seek or challenge injunctions, often within 24 hours.
- Expert litigation support: Our litigation team includes specialists in commercial, property, and employment injunctions.
- Clear strategy: We provide practical advice on risks, costs, and the likelihood of success.
- Proven results: We have a strong track record in securing and defending interim injunctions.