The Civil Procedure Rules 1998

[F1[F2Applications for an injunctionE+W

65.43.—(1) An application for an injunction under Part 4 of the 2009 Act is subject to the Part 8 procedure as modified by this rule and Practice Direction 65.

(2) The application F3...—

(a)[F4must be] made by a claim form in accordance with Practice Direction 65;

[F5(b)may be made at any County Court hearing centre; and]

(c)[F6must be] supported by a witness statement which must be filed with the claim form.

[F7(2A) If the application—

(a)is on notice; and

(b)is made at a County Court hearing centre which does not serve the address where—

(i)the defendant resides or carries on business; or

(ii)the claimant resides or carries on business,

the application will be issued by the County Court hearing centre where the application is made and sent to the hearing centre serving the address at (b)(i) or (ii), as appropriate.

(Practice Direction 65 makes further provision in respect of applications which are not made at the County Court hearing centre which serves the address where the defendant resides or the conduct complained of occurred.)]

(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—

[F8(a1)the application may—

(i)be made at any County Court hearing centre;

(ii)be heard at the hearing centre where the application is made; and

(iii)at any stage of the proceedings, be transferred by the court to—

(aa)the hearing centre which serves the address where the defendant resides or where the conduct complained of occurred; or

(bb)another hearing centre as the court considers appropriate;]

(a)the witness 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 witness 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 [F9acknowledgment] of service under rule 8.3, and in such a case—

(a)the claimant must serve the application notice and witness statement on the defendant not less than 2 days before the hearing; and

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

Textual Amendments