The Civil Procedure Rules 1998

[F1Form of orderE+W

25.9.—(1) An order for an interim injunction must set out clearly what the respondent must do or not do.

(2) An order for an interim injunction made in the presence of all parties to be bound by it or made at a hearing of which they have had notice, may state that it is effective until trial or further order.

(3) Unless the court orders otherwise, an order for an interim injunction must contain—

(a)subject to paragraph (6), an undertaking by the applicant to the court to pay any damages which the respondent sustains and which the court considers the applicant should pay;

(b)if made without notice to any other party, an undertaking by the applicant to the court to serve on the respondent the application notice, evidence in support, note of the hearing and any order made as soon as practicable;

(c)if made without notice to any other party, a return date for a further hearing at which the other party can be present;

(d)if made before filing the application notice, an undertaking to file and pay the appropriate fee on the same or next working day; and

(e)if made before issue of a claim form, an undertaking to issue and pay the appropriate fee on the same or next working day, or directions for the commencement of the claim.

(4) When the court makes an order for delivery up or preservation of evidence or property which is likely to be executed at the premises of the respondent or a third party, it must consider whether to include provisions for the benefit or protection of those parties.

(5) Subject to paragraph (6), when the court makes an order for an interim injunction, it must consider whether to require an undertaking by the applicant to pay any damages sustained by a person other than the respondent, including another party to the proceedings or any other person who may suffer loss as a consequence of the order.

(6) In an Aarhus Convention claim to which rules 46.24 to 46.28 apply, if the court is satisfied that an interim injunction is necessary to prevent significant environmental damage and to preserve the factual basis of the proceedings, the court must, in considering whether to require an undertaking by the applicant, and the terms of any such undertaking—

(a)have regard to the need for the terms of the order not to make continuing with the claim prohibitively expensive for the applicant; and

(b)give such directions as are necessary to ensure that the case is heard promptly.

(7) In this Section ‘Aarhus Convention claim’ has the same meaning as in rule 46.24(2).

(8) Proceedings are ‘prohibitively expensive’ if their likely costs, including any court fees payable by the applicant and the amount of any cross-undertaking in damages, and having regard to any limit under Part 46 on a party’s maximum costs liability, either exceed the financial resources of the applicant, or are objectively unreasonable having regard to the factors set out in rule 46.27(3)(b).

(9) When a court considers the financial resources of the applicant, it must have regard to any financial support which any person has provided or is likely to provide to the applicant.]

Textual Amendments