Last reviewed: September 2026
What is an interim injunction?
An interim injunction is a temporary court order made before the final determination of a claim. It can require a person to refrain from specified conduct or, in appropriate circumstances, require positive action. CPR Part 25 gives the court a wider range of interim remedies as well, including preservation orders, freezing injunctions and other measures designed to protect the subject matter of litigation.
The order is not the final judgment. Its purpose is to manage risk while the underlying rights are determined. That is why urgency alone is not enough. The applicant must show a proper legal and evidential basis for intervention.
Applications before proceedings are issued
The court can grant an interim remedy before the main claim has been started where the matter is urgent or it is otherwise desirable in the interests of justice. If relief is granted before issue, the court will normally require the substantive claim to be commenced. A party should therefore be ready to explain not only why immediate relief is needed but what the underlying cause of action is.
An application drafted as if the injunction were the entire case is vulnerable. The court needs to understand the claim the order is protecting.
Evidence
Applications for interim relief generally require evidence. In practice, that often means a witness statement setting out the facts, urgency, harm feared, relevant communications, documents and why damages or ordinary case management would not adequately protect the applicant.
Evidence should be specific. “The defendant will dissipate assets” is a conclusion. The court needs the facts said to justify that risk. “Publication will cause serious harm” likewise requires the underlying threat, proposed publication, audience, timing and likely consequences to be explained.
Without-notice applications
In exceptional situations an application may be made without first notifying the respondent. The applicant must explain why notice has not been given. This procedure carries heightened duties because the respondent is absent and cannot correct the applicant’s presentation of the facts.
The applicant must be candid about material facts, including points that may assist the other side. An order obtained on an incomplete or misleading presentation can be vulnerable when the matter returns to court. The return hearing should be anticipated from the beginning.
The draft order
A court order must be capable of being obeyed. The proposed terms should therefore identify precisely what conduct is prohibited or required, the duration, any exceptions, service arrangements and the next hearing. Vague prohibitions create uncertainty and can be difficult to enforce.
Where the order is sought urgently, the draft should be prepared before the hearing rather than improvised afterwards. The practical effect on both parties should be considered alongside the legal wording.
Cross-undertaking in damages
An applicant seeking interim injunctive relief may be required to give a cross-undertaking in damages. Broadly, this protects a respondent who later establishes that the injunction should not have been granted and has suffered loss because of it. The financial consequences can therefore be significant.
The applicant should understand that urgent relief is not risk-free. The strength of the claim, the harm to each side and the applicant’s ability to honour any undertaking all form part of sensible strategy.
Freezing injunctions
A freezing injunction is designed to prevent assets being removed or dissipated so that a future judgment would be rendered ineffective. It is not a form of advance security merely because a claimant doubts the defendant will pay.
The application requires careful evidence about the underlying claim and risk of dissipation. The proposed order can impose significant disclosure and asset restrictions, so full compliance after service is critical. A respondent should obtain immediate advice before moving or dealing with affected assets.
Preservation and delivery-up orders
Depending on the dispute, interim relief may concern preservation, inspection, custody or delivery up of property rather than a broad prohibition on conduct. These remedies can be useful where physical assets, documents, devices, data or goods may otherwise be lost, altered or disposed of.
Confidential information and threatened publication
Urgent disputes may arise where confidential material is threatened with disclosure. The legal basis depends on the facts and can involve contractual confidentiality, misuse of private information, breach of confidence or other rights. Timing is critical because a remedy sought after widespread publication may have very different practical value.
The applicant needs the threatened material, the circumstances in which it was obtained or shared, the proposed recipient or audience and evidence of the likely harm.
Commercial injunctions
Commercial disputes can require orders concerning confidential information, restrictive covenants, company assets, contractual conduct or preservation of property. The court will consider the substantive rights as well as the practical consequences of intervening before trial.
Responding to an injunction application
A respondent should act quickly. The order, application notice, evidence and hearing date must be read carefully. If an order was made without notice, the return hearing may be the first opportunity to challenge the factual and legal basis. Evidence should address the specific assertions relied upon, not simply state that the order is unfair.
Where the order is already in force, comply with it unless and until the court varies or discharges it. Deliberately breaching an injunction can have serious consequences.
Variation and discharge
An injunction can sometimes be varied or discharged where the original basis was wrong, relevant facts were not disclosed, circumstances have changed or the terms are unnecessarily wide. The application should identify the legal and evidential reason for the proposed change and usually offer a practical alternative where appropriate.
Service
Urgent orders frequently contain specific service requirements. A party seeking to enforce an order needs to be able to prove that the respondent knew of the relevant terms. Service should therefore be planned and documented carefully.
The underlying claim still matters
Obtaining an interim order is only one stage. The main proceedings continue. Pleadings, disclosure, witness evidence and trial preparation remain necessary. A successful urgent application can create leverage, but the case must still be capable of succeeding on the merits.
Costs
Urgent applications can be expensive because substantial work is compressed into a short period. The court may make costs orders at the interim hearing. The applicant should therefore assess whether the remedy sought justifies the cost and risk, and the respondent should avoid unnecessary procedural escalation while still protecting their position.
What to send us
For an urgent review, send the threatened action or existing order, relevant contract or agreement, key communications, any court documents, the chronology and the deadline or event creating urgency. If an injunction has already been made, send the sealed order first.
Frequently asked questions
Can an injunction be obtained the same day?
In exceptional urgent cases the court can deal with applications rapidly, but availability depends on the circumstances, evidence and court arrangements. The application still needs a proper legal basis.
Can I get an injunction without telling the other side?
Only where the legal and procedural basis for a without-notice application exists. The court expects an explanation for the lack of notice and a candid presentation of material facts.
What if an injunction has been made against me?
Obtain the order and supporting papers immediately, comply with the order, identify the return hearing and take advice on whether variation or discharge should be sought.
Is an injunction the same as winning the case?
No. It is interim relief. The underlying claim ordinarily continues unless the parties settle or the case is otherwise resolved.