What an injunction does
An injunction is a court order requiring someone to do something (a mandatory injunction) or stop doing something (a prohibitory injunction). Most applications are for interim relief, holding the position until a full trial, rather than a final order. Some situations call for freezing orders, preventing a defendant from dissipating assets, or search orders, preserving evidence before it can be destroyed or moved.
The test the court applies
For most interim injunctions, the court asks whether there is a serious issue to be tried, whether damages would be an adequate remedy if the applicant later wins at trial, and where the balance of convenience lies between the parties until then. Freezing and search orders carry a higher threshold, given how significant their effect can be before the other side has been heard.
An applicant for an interim injunction is normally required to promise to compensate the respondent for any loss the order causes if it later turns out the injunction should not have been granted. This is a real financial commitment, not a formality, and should be understood before an application is made.
Without notice applications
Where advance warning would defeat the purpose of the order, such as a genuine risk that assets or evidence will disappear, an application can be made without notifying the other side first. This comes with a strict duty of full and frank disclosure: the applicant must tell the court about anything that might weigh against granting the order, not only the points in their own favour. Orders obtained without proper disclosure are vulnerable to being set aside.
Speed matters
Genuinely urgent applications can be heard the same day, and in some circumstances out of hours through the emergency court list. Preparation still matters: a clear witness statement, a draft order and an accurate account of the urgency all affect how the application is received.