The Civil Procedure Rules 1998

[F1Applications for an injunctionE+W

65.3.—(1) An application for an injunction under [F2Chapter III of Part V] of the 1996 Act shall be subject to the Part 8 procedure as modified by this rule and the relevant practice direction.

(2) The application must be—

(a)made by a claim form in accordance with the relevant practice direction;

(b)commenced in the court for the district in which the defendant resides or the conduct complained of occurred; and

(c)supported by [F3a witness statement] which must be filed with the claim form.

(3) The claim form must state—

(a)the matters required by rule 8.2; and

(b)the terms of the injunction applied for.

(4) An application under this rule may be made without notice and where such an application without notice is made—

(a)the [F4witness statement] in support of the application must state the reasons why notice has not been given; and

(b)the following rules do not apply—

(i)8.3;

(ii)8.4;

(iii)8.5(2) to (6);

(iv)8.6(1);

(v)8.7; and

(vi)8.8.

(5) In every application made on notice, the application notice must be served, together with a copy of the [F5witness statement], by the claimant on the defendant personally.

(6) An application made on notice may be listed for hearing before the expiry of the time for the defendant to file an acknowledgement of service under rule 8.3, and in such a case—

(a)the claimant must serve the application notice and [F6witness statement] on the defendant not less than two days before the hearing; and

(b)the defendant may take part in the hearing whether or not he has filed an acknowledgment of service.]

Textual Amendments