How are injunctions obtained?
Unless its exceptional circumstances, the claimant will start its claim by way of a claim form, previously known as a writ. In support of the application for an injunction, the claimant will also prepare detailed written evidence setting out the background issues, the claim against the defendant and why the injunction is required and justified. The claimant will have to show that it has not delayed in making the application for an injunction. Importantly, it will also have to show that money alone would not be an adequate remedy for the damage suffered. Where the claimant is seeking a search order, it will need to specify the items it is seeking and why they are required. The Court will take these factors and weigh them up in deciding whether an injunction is justified. Applications can be made without notice to the other side, with formal notice or as a hybrid with informal notice. Generally speaking, applications without notice will only be made where they are extremely urgent or whe
