What is the procedure for obtaining a prohibitory injunction?
(See Practice note, Prohibitory injunctions: an overview: How to apply for details.) Before applying, it is good practice to first seek the respondent’s undertaking to refrain from the relevant act. An injunction should then be sought only if the undertaking is not provided. Applications should normally be made to a judge in the High Court (PD 2B 2.1). If applying on notice: • Complete the application notice Form N244 (www.practicallaw.com/8-205-6543). In Commercial Court, use N244 (CC) (www.practicallaw.com/9-205-6547), and use Form 16A in the County Court. • Prepare witness statement in support. See Practice note, Prohibitory injunctions: an overview, Drafting the supporting evidence. • Draft the order (see PD 25A.5). Use Form PF 39CH (www.practicallaw.com/5-205-6399) (intended actions) or Form PF 40CH (www.practicallaw.com/5-205-6399) (after issue). • File copies of application notice, evidence and draft order at court, and pay the current court fee (see High Court fees: a quick gui
