What is the difference between an injunction and a cause of action?

An injunction is a legal remedy, not a cause of action itself. You must first identify the underlying claim, such as harassment, breach of contract, or nuisance. The injunction is then sought to restrain specific conduct or compel action based on that underlying legal issue.

Can I get an injunction without telling the other person first?

In cases of genuine urgency, the court can hear the application without the other side being present. However, the applicant is usually required to provide a cross-undertaking in damages. This means they agree to compensate the other party if the injunction is later found to have been wrongly granted.

What happens if the other party responds to my injunction application?

If the application is made with notice, the other side has the opportunity to respond at a return date. The court then has the discretion to continue the injunction, vary its terms, or discharge it entirely based on the arguments presented by both parties.

What is the difference between a final injunction and damages in lieu?

A final injunction is typically granted at the trial of the underlying claim. If the court refuses to grant an injunction, it may instead award damages in lieu. This allows the claimant to receive financial compensation for the harm suffered rather than a court order to stop or compel specific conduct.

All Legal Journeys

Civil Procedure

England & Wales

5 stages

Days (urgent) to 12+ months (final)

Reviewed 2026-05-22

Civil injunction journey

Apply for an injunction (interim or final) to restrain conduct or compel action.

This page mainly applies to England and Wales. Scotland and Northern Ireland may have different rules — check the jurisdiction before relying on this information.

Who Uses This Journey

Claimants needing urgent relief — restraining harassment, preventing breach of contract, enforcing covenants, or compelling action.

Stage-by-Stage Timeline

Identify the cause of action

An injunction is a remedy, not a cause of action. Identify the underlying claim (harassment, breach of contract, nuisance, etc.).

Application notice

Form N244 plus draft order + witness statement. Apply with or without notice depending on urgency.

Forms at This Stage

N244

Without-notice hearing

For genuine urgency, court can hear without the other side. Cross-undertaking in damages usually required.

On-notice return date

Other side has chance to respond. Court can continue, vary, or discharge.

Trial / final order

At trial of the underlying claim, court can grant a final injunction.

Possible Outcomes

Final injunction
Damages in lieu
Refused

Official Sources

CPR Part 25

Frequently asked questions

What is the difference between an injunction and a cause of action?: An injunction is a legal remedy, not a cause of action itself. You must first identify the underlying claim, such as harassment, breach of contract, or nuisance. The injunction is then sought to restrain specific conduct or compel action based on that underlying legal issue.
Can I get an injunction without telling the other person first?: In cases of genuine urgency, the court can hear the application without the other side being present. However, the applicant is usually required to provide a cross-undertaking in damages. This means they agree to compensate the other party if the injunction is later found to have been wrongly granted.
What happens if the other party responds to my injunction application?: If the application is made with notice, the other side has the opportunity to respond at a return date. The court then has the discretion to continue the injunction, vary its terms, or discharge it entirely based on the arguments presented by both parties.
What is the difference between a final injunction and damages in lieu?: A final injunction is typically granted at the trial of the underlying claim. If the court refuses to grant an injunction, it may instead award damages in lieu. This allows the claimant to receive financial compensation for the harm suffered rather than a court order to stop or compel specific conduct.