Interim injunctions鈥攖he American Cyanamid guidelines
Published by a 老司机午夜福利 Dispute Resolution expert
Practice notesInterim injunctions鈥攖he American Cyanamid guidelines
Published by a 老司机午夜福利 Dispute Resolution expert
Practice notesThis Practice Note is concerned with substantive interim injunctions, which are a particular species of injunction granted on a temporary basis ahead of trial. As set out below, there are different considerations depending on whether the interim injunction sought is prohibitory or mandatory in nature. For guidance on the nature of injunctions generally and the distinction between prohibitory and mandatory injunctions, see Practice Note: Injunctions鈥攇uiding principles and in particular the main section: What are the different types of injunction?
For guidance on interim injunctions specifically concerned with the preservation of assets or evidence, as opposed to the enforcement of a specific legal or equitable right, see:
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Freezing injunctions鈥攇uiding principles
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Proprietary freezing injunctions
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Search orders鈥攇uiding principles
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Interim delivery up orders and preservation of property
Guiding principles for interim injunctions
The power to grant interim injunctions is found in section 37(1) of the Senior Courts Act 1981 (SCA 1981) and CPR 25.1(1)(a), as set out in Practice Note: Injunctions鈥攇uiding principles鈥擳he court's power to grant injunctions. The court may grant an interim injunction provided that
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