Interim injunctions—the American Cyanamid guidelines


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert
Practice notes

Interim injunctions—the American Cyanamid guidelines


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert

Practice notes
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This 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—guiding 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:

  1. •

    Freezing injunctions—guiding principles

  2. •

    Proprietary freezing injunctions

  3. •

    Search orders—guiding principles

  4. •

    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—guiding principles—The courts’ jurisdiction to grant injunctions. The court may grant an interim injunction provided that

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Key definition:
Interim injunction definition
What does Interim injunction mean?

An order requiring a party to do, or refrain from doing, a certain thing pending the final trial of a claim.

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