You Need an Urgent Injunction
An injunction can stop harmful conduct immediately. In urgent cases, a court can grant emergency relief within hours โ sometimes without the other side being present.
Quick Answer
If you face immediate or threatened harm, you can apply to the court for an urgent injunction under CPR Part 25. In a genuine emergency the court can hear you without notice to the other party (ex parte). You will normally be required to give an undertaking in damages, meaning you agree to compensate the respondent if the injunction later proves to have been wrongly granted.
Full Explanation
The court's power to grant injunctions derives from the Senior Courts Act 1981, s.37 and the County Courts Act 1984, s.38. An injunction is an order requiring a person to do something (a mandatory injunction) or to stop doing something (a prohibitory injunction). In urgent cases, an applicant may seek a without-notice (ex parte) order, sometimes heard on the same day the application is made.
The leading case is American Cyanamid Co v Ethicon Ltd [1975] AC 396, which sets the test for an interim injunction: (1) is there a serious question to be tried? (2) Would damages be an adequate remedy for the applicant if no injunction is granted? (3) If not, does the balance of convenience favour granting the order? For without-notice applications, the applicant also has a duty of full and frank disclosure โ you must tell the court everything material, including facts that favour the respondent.
A freezing order (formerly a Mareva injunction) is a specific type of interim injunction preventing a respondent from dissipating assets before judgment. A search order (formerly an Anton Piller order) allows a claimant's solicitor to enter premises and preserve or inspect evidence. Both are powerful remedies usually confined to the Commercial Court or Chancery Division and require compelling evidence.
The without-notice hearing will usually be conducted quickly (30โ60 minutes). The court grants a short-term order and fixes a return date โ typically 7โ14 days later โ at which both parties appear. At the return date the respondent can challenge the order and the court will decide whether it should continue until trial.
Almost always you will be required to give a cross-undertaking in damages, confirming you will compensate the respondent for loss caused by the injunction if you ultimately lose. If you cannot honour this undertaking, you may be required to pay money into court as security. Legal advice is essential โ injunctions are technically demanding and procedural errors can be fatal.
Legal Basis
- ยงSenior Courts Act 1981, s.37 (general injunction power)
- ยงCPR Part 25 (interim remedies)
- ยงAmerican Cyanamid Co v Ethicon Ltd [1975] AC 396 (test for interim injunctions)
- ยงCounty Courts Act 1984, s.38 (county court injunction power)
What To Do
Instruct a Solicitor as a Matter of Urgency
Injunction applications โ especially without-notice ones โ are technically demanding. Contact a solicitor immediately. Many firms operate emergency out-of-hours lines for urgent injunctions, particularly in IP, commercial, domestic abuse, and property disputes.
Prepare a Witness Statement and Draft Order
Your solicitor will need a detailed witness statement setting out the facts, the harm you are suffering or about to suffer, and why you need urgent relief. You must also include a draft order specifying precisely what you want the court to prohibit or require.
Make a Without-Notice Application
File an application notice (N16A or equivalent) at the appropriate court. In genuine emergencies, telephone the court duty judge's clerk. Explain the urgency and the reason why giving notice to the respondent is not possible or would defeat the purpose of the order.
Attend the Without-Notice Hearing
At the hearing, your solicitor must make full and frank disclosure of all material facts, including anything that might support the respondent's position. The court will either grant a short-term order or refuse. If granted, a return date is fixed.
Prepare for the Return Hearing
At the return date, the respondent will have an opportunity to challenge the order. Ensure your evidence is complete and compelling before that hearing. The court may vary, continue, or discharge the injunction.
Important Deadlines
Important Warnings
The duty of full and frank disclosure on a without-notice application is strict โ if you withhold material information, the court may discharge the injunction and award costs against you even if your underlying claim is valid.
An undertaking in damages is not merely a formality โ if the injunction is later found to have been wrongly granted, you may owe significant compensation to the respondent.
Urgent injunctions are expensive; seek legal aid eligibility advice if you cannot fund the application privately.