Anaya Nolan
In the UK, an injunction is a court order that prohibits a person or group of people from taking a particular action (a prohibitory injunction) or requires them to take a particular action (a mandatory injunction). Injunctions are typically applied for in the High Court and are a powerful and serious tool. They are usually granted pending a further hearing or until a full trial of the dispute. There are several types of injunctions, including common law injunctions, non-molestation orders, occupation orders, and freezing injunctions.
| Characteristics | Values |
|---|---|
| Definition | A court order prohibiting a person from taking a particular action or requiring them to take a particular action. |
| Types | Prohibitory injunction, mandatory injunction, interlocutory injunction, interim injunction, final injunction, non-molestation order, occupation order, domestic abuse protection order (DAPO), common law injunction, restraining order, freezing injunction. |
| Application | Can be made once court proceedings have begun or before the start of court proceedings if the matter is urgent or in the interest of justice. |
| Notice | Can be made with or without notice to the other side. |
| Evidence | Must be supported by evidence, usually in the form of a witness statement or affidavit. |
| Applicant | Anyone in a relationship that is not marriage, e.g. unmarried couples living together or apart. |
| Protection | Protects individuals from harm, threats, harassment, stalking, violence, pestering behaviour, financial abuse, intimidation, etc. |
| Scope | May prevent an individual from coming within a certain distance of a home, family, or workplace. |
| Advice | Seek legal advice from a solicitor or charity, e.g. Refuge, Women's Aid, Citizens Advice, or the Men's Advice Line. |
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What You'll Learn
Interim injunctions
An injunction is a court order prohibiting a person from taking a particular action (a prohibitory injunction) or requiring them to take a particular action (a mandatory injunction). Interim injunctions are a separate action within a larger claim, and they can be essential in circumstances where a party wishes to preserve the status quo while the main dispute is resolved. An interim injunction is often sought where the other party, if unrestrained, might cause irreparable or immeasurable damage by continuing the conduct that has led to the dispute.
In deciding whether to grant an interim injunction, the court will consider the balance of convenience, weighing the likely inconvenience or damage suffered by the applicant if the injunction is not granted against the likely inconvenience or cost for the respondent if it is granted. The court will also consider whether any potential injustice could be adequately compensated for by damages. The applicant does not have to prove its underlying claim at the injunction hearing, but it must show that it has a good arguable case.
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Common law injunctions
In the UK, an injunction is a court order prohibiting a person from taking a particular action (a prohibitory injunction) or requiring them to take a particular action (a mandatory injunction). The first step in obtaining an injunction is usually to obtain an interim injunction, which is a temporary injunction granted pending a further hearing or until a full trial of the dispute. An injunction may be necessary to preserve or prevent the loss of an asset, protect against personal harm, prevent loss or damage to reputation, and safeguard business or personal interests.
A common law injunction is similar to a non-molestation order, which is the most common injunction in the UK. A non-molestation order can be obtained to prevent a partner or ex-partner from using or threatening violence, engaging in pestering behaviour via calls, texts, or social media, loitering, financial abuse, intimidation, or instructing a third party to contact and harass the applicant. However, a common law injunction differs in that it can only be used in situations where the parties involved are not married.
The procedure for applying for an injunction can vary depending on whether the application is made with or without notice to the other party. A "without notice" application is made without the other party's knowledge or presence at the application hearing. The court will only grant an injunction in such cases if there are good reasons for not giving the respondent notice, such as urgency or the risk of asset dissipation. It is important to disclose any points that may assist the other side, as there is an obligation on the applicant to inform the court of these points.
An application for an injunction can be made once court proceedings have begun, or the court can grant an injunction before the start of proceedings if the matter is urgent or in the interests of justice. An injunction granted before a trial is known as an "interlocutory" or "interim" injunction and can be expressed to remain in force for a specific period or until the matter comes to trial. When the case goes to trial, the court will decide whether to issue a "final" injunction.
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Non-molestation orders
In the UK, a non-molestation order is a type of injunction that can be obtained under the Family Law Act 1996. It is a court order prohibiting an individual from engaging in specified behaviours, such as threatening, intimidating, harassing, pestering, or communicating with the victim. The order can also restrict the individual from coming within a certain distance of the victim's home, workplace, or other specified locations. It can include protection for children and extend to instructing or encouraging others to carry out these actions.
To apply for a non-molestation order, the applicant and the abuser must have an "association" under the Family Law Act 1996. This includes spouses, ex-spouses, civil partners, cohabitants, former cohabitants, relatives, in-laws, and those who have a child together. The procedure for applying can vary depending on whether it is made "with notice" or "without notice" to the other party. A “without notice” application is typically made in urgent situations, where there is a risk to safety, or a serious risk of assets being dissipated before a hearing.
A non-molestation order is usually granted for six to twelve months but can be extended or granted for a longer period in certain circumstances. If an abuser breaches the order, they can be arrested and face criminal or civil proceedings. The maximum sentence through criminal courts is five years' imprisonment and a fine, while via the family court, it can be up to two years' imprisonment, a suspended sentence, or fines.
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Occupation orders
An injunction is a court order prohibiting a person from taking a particular action or requiring them to take a particular action. In the UK, an injunction is an order issued by the court to one or more parties in a civil trial to refrain from doing something or, less commonly, to do something.
To apply for an occupation order, you must be a 'relevant child' or an 'associated person'. A 'relevant child' is a child who lives with or could be expected to live with either party, or a child whose interests the court considers relevant. An 'associated person' includes spouses, ex-spouses, cohabitants, former cohabitants, parties who have been in an intimate relationship, and other family members.
The court will consider several factors before deciding who can remain living in the property, including the housing needs and resources of each party and any relevant child, as well as the likelihood of 'significant harm' to either party and any relevant child if an order is made or not made. The court can also make an order as to who shall pay the mortgage or rent and maintain the property. Occupation orders can last for up to six months and can be renewed if necessary.
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Applying for an injunction
An injunction is a court order that requires a person or entity to take, or refrain from taking, certain actions. Injunctions are a type of equitable remedy, which means they are based on fairness and justice rather than strict legal rules. They are often used to protect a person's legal rights or to prevent irreparable harm from being caused. In the UK, injunctions can be sought in a variety of situations, including in family law, employment law, and intellectual property law cases.
If you are considering applying for an injunction, it is important to understand the process and the requirements that must be met. Here is a step-by-step guide to applying for an injunction in the UK:
- Identify the type of injunction you need: There are several types of injunctions available in the UK, including prohibitory injunctions (which prevent someone from taking a certain action), mandatory injunctions (which require someone to take a certain action), and quia timet injunctions (which are granted to prevent anticipated harm).
- Gather evidence: In order to obtain an injunction, you will need to provide evidence to the court that demonstrates that you are likely to succeed in your claim and that you will suffer irreparable harm if the injunction is not granted. This could include documents, witness statements, and any other relevant evidence.
- Draft a statement: You will need to prepare a written statement that sets out the facts of your case and explains why you need an injunction. This statement should be clear, concise, and supported by your evidence.
- Complete the relevant forms: There are specific forms that must be completed when applying for an injunction. These forms can be obtained from the court or, in some cases, online. It is important to complete these forms accurately and truthfully.
- Attend a hearing: In most cases, a court hearing will be held to consider your application for an injunction. You will need to attend this hearing and present your case to the judge, who will then decide whether or not to grant the injunction.
- Comply with any conditions: If the injunction is granted, you must comply with any conditions that are imposed by the court. Breaching an injunction can have serious consequences, including being found in contempt of court.
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Frequently asked questions
An injunction is a court order prohibiting a person from taking a particular action (a prohibitory injunction) or requiring them to take a particular action (a mandatory injunction).
There are a wide range of injunctions available, including:
- Non-molestation order: This is the most common type of injunction, which protects individuals from harassment, physical harm, or distress caused by abuse.
- Occupation order: This type of order decides who can live in a particular place or enter a certain area.
- Freezing injunction: This prevents an individual from selling, transferring, destroying, or passing on someone else's property.
- Common law injunction: This type of injunction can be applied for by anyone in a relationship that is not marriage, such as unmarried couples living together or apart.
The procedure for applying for an injunction can vary depending on whether the application is made with or without notice to the other party. A "without notice" application is made without the other party's knowledge or presence at the hearing and is typically used in urgent situations. The application must include the order being sought, the reasons for seeking it, and the date, time, and place of any hearing. Evidence to support the application, such as witness statements or relevant documents, is usually required. It is important to seek legal advice before applying for an injunction.
