Injunctions
Court orders requiring a person to do or stop doing something — interim and final injunctions, freezing orders, harassment and anti-social behaviour injunctions, and how they are enforced.
Introduction
An injunction is a court order that either prohibits a person from doing something (a prohibitory injunction) or requires them to take positive action (a mandatory injunction). The High Court's general power comes from s.37 of the Senior Courts Act 1981: an injunction may be granted, interlocutory (interim) or final, wherever it appears 'just and convenient'. Around that general power sit specialised statutory regimes: non-molestation and occupation orders under Part IV of the Family Law Act 1996, civil harassment injunctions under s.3 of the Protection from Harassment Act 1997, and anti-social behaviour injunctions under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014. Enforcement varies by regime — breach can be contempt of court, a free-standing criminal offence carrying up to 5 years' imprisonment, or grounds for arrest under a warrant.
In Brief
An injunction is a court order to do or stop doing something, granted where 'just and convenient' (s.37 Senior Courts Act 1981) — either interim, to hold the position until trial, or final. Specialised regimes cover harassment (s.3 PHA 1997), domestic abuse (Family Law Act 1996 — no application fee) and anti-social behaviour (2014 Act). Breach is contempt of court, and under the harassment and family regimes it is also a criminal offence carrying up to 5 years' imprisonment.
Core Principles
General Power — Under s.37(1) Senior Courts Act 1981, the High Court may by order (whether interlocutory or final) grant an injunction in all cases in which it appears just and convenient to do so, unconditionally or on such terms and conditions as the court thinks just.
Interim Injunctions — Pending trial, courts apply the American Cyanamid guidelines: a serious question to be tried, whether damages would be an adequate remedy, and the balance of convenience.
Freezing Injunctions — s.37(3) SCA 1981 confirms the power to restrain a party from removing assets located within the jurisdiction or otherwise dealing with them, whether or not that party is domiciled, resident or present in the jurisdiction.
Harassment Injunctions — s.3 Protection from Harassment Act 1997 provides a civil remedy for actual or apprehended harassment; damages may be awarded for anxiety and financial loss. If the defendant breaches the injunction, the claimant may apply for a warrant for their arrest (s.3(3)).
Breach of a Harassment Injunction is an Offence — Under s.3(6) PHA 1997, doing anything prohibited by the injunction without reasonable excuse is a criminal offence carrying up to 5 years' imprisonment on indictment; the same conduct cannot be punished twice as both offence and contempt (s.3(7)-(8)).
Family Injunctions — Non-molestation orders under s.42 Family Law Act 1996 protect an associated person or relevant child; breach without reasonable excuse is a criminal offence with a 5-year maximum (s.42A). Occupation orders decide who can live in the family home or enter the surrounding area. There is no fee to apply for a domestic abuse injunction.
Anti-Social Behaviour Injunctions — Under s.1 Anti-social Behaviour, Crime and Policing Act 2014, a court may grant an injunction against a person aged 10 or over where it is satisfied on the balance of probabilities that they have engaged or threaten to engage in anti-social behaviour and it is just and convenient. The injunction can both prohibit conduct and impose positive requirements; for under-18s it must be limited to a maximum of 12 months.
Enforcement — Injunctions are enforceable as contempt of court; the family, harassment and domestic abuse regimes add arrest powers and free-standing criminal offences, with statutory rules preventing double punishment for the same conduct.
Key Statutes
Senior Courts Act 1981
Protection from Harassment Act 1997
Family Law Act 1996
Anti-social Behaviour, Crime and Policing Act 2014
Leading Cases
American Cyanamid Co v Ethicon Ltd
[1975] AC 396
Common Scenarios
An ex-employee threatens to leak confidential files
An urgent interim (interlocutory) injunction can be sought under s.37 Senior Courts Act 1981, which allows the High Court to grant an injunction wherever just and convenient, on such terms as the court thinks just. The court will consider the American Cyanamid guidelines — serious question to be tried, adequacy of damages, and balance of convenience.
A neighbour's campaign of harassment continues despite warnings
A claim under s.3 Protection from Harassment Act 1997 can seek both damages (including for anxiety and financial loss) and an injunction restraining the harassment. If the defendant breaches the injunction, you can apply for a warrant for their arrest, and the breach itself is a criminal offence carrying up to 5 years' imprisonment.
You need protection from an abusive partner
Apply for a non-molestation order and/or occupation order under the Family Law Act 1996 — there is no application fee, the named person can be arrested for breach, and breach of a non-molestation order is a criminal offence (s.42A). In DAPO pilot areas, a Domestic Abuse Protection Order is also available.
Persistent anti-social behaviour by a local resident
The county court (or youth court for minors) can grant an anti-social behaviour injunction under s.1 of the 2014 Act against anyone aged 10 or over, on the balance of probabilities. The injunction can prohibit conduct and require positive action, but must so far as practicable avoid interfering with work or school hours, and for under-18s must not exceed 12 months.
Frequently Asked Questions
What is the difference between an interim and a final injunction?
An interim (interlocutory) injunction holds the position until trial and is granted under s.37 Senior Courts Act 1981 where just and convenient, applying the American Cyanamid guidelines. A final injunction is granted at trial as a remedy once the claimant's rights have been established. Both can be granted unconditionally or on terms.
What happens if someone ignores an injunction?
It depends on the regime. Any injunction can be enforced as contempt of court. Breach of a harassment injunction (s.3(6) PHA 1997) or a non-molestation order (s.42A FLA 1996) is additionally a free-standing criminal offence carrying up to 5 years' imprisonment on indictment — though the same conduct cannot be punished as both a criminal offence and contempt. For harassment injunctions the claimant can also apply for an arrest warrant.
Can an injunction be made against a child?
An anti-social behaviour injunction under s.1 Anti-social Behaviour, Crime and Policing Act 2014 can be made against a person aged 10 or over, if the court is satisfied on the balance of probabilities that they have engaged or threaten to engage in anti-social behaviour and it is just and convenient. For respondents under 18, the injunction must specify a period of no more than 12 months.
How much does it cost to get an injunction?
There is no court fee to apply for a domestic abuse injunction (non-molestation or occupation order), and no court fees for victims applying for a DAPO. Other civil injunction applications attract standard court fees, and legal costs vary with urgency and complexity; legal aid may be available for domestic abuse cases.
Important Deadlines
Typical Costs
Official Resources
What To Do Next
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