Transcription of URGENT INJUNCTION APPLICATIONS: BEST …
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URGENT INJUNCTION APPLICATIONS: BEST …
URGENT INJUNCTION applications : BEST PRACTICE AND PITFALLS. TO AVOID. INTRODUCTION. 1. Pre-emptive relief may often be determinative of the course of litigation; the effect of an early tactical advantage is frequently difficult to reverse. What follows is intended to help applicants and respondents: (1) focus on the circumstances in which injunctive relief (particularly in the context of without notice applications ) is genuinely appropriate;. (2) highlight important aspects of the practice and procedure governing applications for interim injunctions;. (3) understand the content of the duties on a without notice applicant and the consequences of breach;. (4) consider in more detail the duty of full and frank disclosure;. (5) examine the role of undertakings, or cross-undertakings, in damages;. (6) understand some of the issues which arise on implementation and enforcement of the order.
3 9. The county courts’ jurisdiction to grant freezing injunctions and search orders is expressly restricted by virtue of the County Court Remedies Regulations 1991.
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