When immediate legal action is needed to stop harm in its tracks, a prohibitory injunction can be your strongest line of defence, delivering swift, court-backed protection for individuals and businesses alike.
In this guide, we delve into the essentials of protecting your business and reputation by understanding prohibitory injunctions, covering their legal basis, the benefits they offer, how to apply for one, how to defend against them and so much more.
What is a prohibitory injunction?
A prohibitory injunction is a court order that prevents a party from carrying out a specific act or behaviour. Its purpose is to stop harm or maintain the status quo while a legal dispute is resolved.
Unlike a mandatory injunction (which compels someone to do something), a prohibitory injunction restricts or forbids specific actions.
Prohibitory injunctions can be:
- Interim (temporary): Granted before a full trial, usually on an urgent basis.
- Final (permanent): Granted after trial, as part of the final judgment.
Examples of prohibitory injunctions
- Protecting confidential information: Preventing a former employee or business partner from misusing sensitive company data, trade secrets, or client lists.
- Safeguarding property rights: Stopping a neighbour from trespassing on your land or unlawfully interfering with your use of property.
- Preventing reputational harm: Blocking the publication or disclosure of defamatory statements or private material that could damage an individual or business.
- Halting unlawful construction or works: Stopping building projects that breach planning permission, contractual terms, or property rights, ensuring compliance with regulations.
- Restricting harassment or nuisance: Preventing an individual or entity from engaging in harassment, stalking, or disruptive behaviour that infringes your rights.
- Preserving competitive fairness: Preventing ex-employees or competitors from exploiting confidential information or breaching restrictive covenants for an unfair advantage.
Real-life examples
Below are some real-life examples of when prohibitory injunctions have been used:
MoD super-injunction (2023–2025)
In September 2023, the UK Ministry of Defence (MoD) obtained a super-injunction, a rare and highly restrictive type of prohibitory injunction, to prevent disclosure of a significant data breach involving more than 18,000 Afghan applicants to UK relocation schemes.
The order not only prohibited reporting of the data breach but also banned disclosure of the injunction’s existence. The MoD argued that publicity could put applicants at risk of reprisals from the Taliban, including detention or execution. The injunction remained in force for almost two years before being discharged in July 2025 amid growing concerns about transparency and accountability.
Shell vs Just Stop Oil (2024)
In December 2024, the High Court granted three prohibitory injunctions to Shell UK, aimed at preventing climate activists from disrupting its operations. The orders restrict protests at Shell’s oil refinery, offices, and affiliated petrol stations across the UK.
The injunctions, valid for five years, prohibit actions such as blocking access roads, interfering with the supply of fuel, or damaging property. Breaching the injunction constitutes contempt of court, which carries penalties including fines, asset seizure, or imprisonment of up to two years.
Legal basis for prohibitory injunctions
Courts in England and Wales derive their power to grant injunctions from Section 37 of the Senior Courts Act 1981 and Part 25 of the Civil Procedure Rules. For interim prohibitory injunctions, the court applies the American Cyanamid principles, which set out the test for granting temporary relief before trial.
When can a prohibitory injunction be granted?
Courts grant interim prohibitory injunctions when:
- The case raises a real legal issue: There must be a genuine dispute that needs to be resolved by the court, not a trivial or hopeless claim.
- Money alone isn’t enough to fix the problem: If financial compensation wouldn’t undo the harm (for example, loss of reputation or disclosure of confidential information), an injunction may be appropriate.
- The balance of convenience favours granting the injunction: The court will weigh up the potential harm to each party if the injunction is granted or refused.
- It’s the fair thing to do: The judge will consider whether granting the injunction is reasonable and fair in all the circumstances.
Courts can also grant injunctions against ‘persons unknown’ where unlawful acts are anticipated but those responsible cannot yet be identified.
For final injunctions, the court will take a slightly different approach. By this stage, the court has heard all the evidence, so the applicant must show they have a legal right and that an injunction is the right way to protect it.
The judge will then consider whether granting a permanent injunction is:
- Fair: Does it fairly reflect the outcome of the case and respect the rights of both parties?
- Proportionate: Is the restriction no wider than necessary to protect the successful party’s rights?
- Necessary: Would other remedies, such as financial compensation, be sufficient instead?
The aim is to ensure that any permanent order strikes a reasonable balance and does not impose unnecessary hardship.
Difference between mandatory and prohibitory injunctions
Several types of injunctions exist in England & Wales – including mandatory and prohibitory injunctions.
Prohibitory injunctions
These orders prevent a party from doing something, such as using confidential information, continuing with construction work, or publishing defamatory content.
Mandatory injunctions
A mandatory injunction requires the recipient to take a specific action. For example, removing unlawfully placed structures or restoring access to property. Mandatory injunctions impose a heavier burden and usually require stronger evidence because they compel action.
Benefits of prohibitory injunctions
- Immediate protection against harm: A prohibitory injunction can stop harmful acts in their tracks.
- Preserves the status quo: Ensuring neither party gains an unfair advantage while legal proceedings continue.
- Prevents irreparable damage: Some harm cannot be undone. Injunctions prevent such irreversible consequences.
- Strengthens negotiating position: Securing an injunction can place significant pressure on the other party to comply with the law or engage in settlement discussions.
- Tailored and flexible relief: Prohibitory injunctions can be customised to fit the situation, whether you need a broad order or to address a specific issue.
How to apply for a prohibitory injunction
Applying for a prohibitory injunction involves a structured legal process. Acting quickly and strategically is essential.
Step-by-step process to apply for a prohibitory injunction:
- Seek immediate legal advice: Professional advice ensures your application meets the strict legal criteria.
- Prepare evidence and statements: The court expects clear evidence demonstrating the harm you seek to prevent, why damages would be inadequate, and why the balance of convenience favours you.
- Draft the application and supporting documents: This includes the application notice, witness statements, and a draft order specifying the terms of the injunction.
- Issue the application at court: Applications are usually made in the High Court or County Court, depending on the case.
- Serve the application (if applicable): The respondent is notified and given an opportunity to respond unless the case is urgent enough for a without notice (ex parte) application.
- Attend the hearing: A judge will review your evidence, apply the legal test, and decide whether to grant the injunction.
- Provide an undertaking in damages: When seeking an interim injunction, applicants usually give an undertaking in damages. This is a binding promise to compensate the respondent if the order is later found to be unjustified.
Receiving a prohibitory injunction – what you need to know
Being served with a prohibitory injunction can feel overwhelming. These court orders are legally binding and it is natural to feel anxious or uncertain about what to do next.
The important thing to remember is that an injunction is not the end of the road. There are clear steps you can take to protect your position, challenge the order if appropriate, and avoid breaching its terms.
Acting promptly and seeking legal advice is essential to minimise risk and ensure the best possible outcome.
How to defend against a prohibitory injunction
- Comply immediately: Breaching the order, even if you disagree with it, can have severe consequences.
- Seek urgent legal advice: A solicitor can advise on your rights and options, including whether you have grounds to challenge the injunction.
- Review the evidence: Your solicitor will help you understand the legal basis for the prohibitory injunction and assess whether it meets the legal threshold.
- Prepare for the return hearing: Interim prohibitory injunctions are temporary, giving you a chance to contest them. If the injunction was granted without notice, a return hearing is mandatory and gives you the chance to challenge the order.
- Apply to vary or discharge the injunction: If appropriate, make a formal application to the court to alter or set aside the injunction.
What happens if you breach a prohibitory injunction?
- Fines
- Seizure of assets
- Imprisonment (up to two years)
- Adverse costs orders.
FAQs about prohibitory injunctions
The courts assess several key factors, including:
- Whether there is a serious issue to be tried in the underlying claim
- If damages would be an adequate remedy for the applicant
- The balance of convenience, weighing the potential harm to both parties
- Whether the applicant has acted promptly and in good faith
- Any public interest considerations or broader impact of the order.
In urgent cases, a prohibitory injunction can be obtained within 24–48 hours of instructing solicitors. If the matter is less urgent, it may take one to two weeks.
Costs vary depending on urgency, complexity, and whether the application is contested.
Solicitors’ costs typically range from:
- £5,000–£7,500 for straightforward applications
- £15,000 or more for complex, urgent, or contested cases.
Court fees and barrister’s fees (if instructed) will be additional. You may also be ordered to pay the respondent’s costs if you are unsuccessful.
Yes. A respondent can apply to vary or discharge the injunction, especially if circumstances change or the original order was improperly granted.
Yes, in urgent or sensitive cases, courts can grant interim prohibitory injunctions without letting the other side know about the application. These are typically followed by a return hearing, during which both sides can present their arguments.
Contact our prohibitory injunction solicitors today
- Rapid response: We can prepare urgent prohibitory injunction applications within hours.
- Specialist advice: Our team includes specialists in all kinds of injunctions and works across all sectors.
- Clear strategy: We provide practical advice on the likelihood of success when applying for or defending against a prohibitory injunction.
- Proven results: We have a strong track record in securing and defending prohibitory injunctions.