How do you get an injunction?
To get an injunction, you will need to make a formal application to the civil court. To make this application, you will need the following:
- A completed N16A form
- Relevant grounds to bring the claim
- A witness statement or affidavit including material facts for the court’s consideration together with the evidence in support.
There are two ways in which the application can be made. The first is ‘with notice’ to the respondent and the second is ‘without notice’.
If the application is made ‘with notice’, the respondent is told when the hearing will be and the court will listen to the arguments of both parties. The court will then either grant or refuse the injunction.
If the application is made ‘without notice’, the applicant will ask the court to make an order on an interim basis. Sometimes this is dealt with on paper and other times the court will list an urgent hearing. The respondent is not told about the application or when the first hearing is scheduled for. In the case of a hearing, the applicant will be seen by a judge and make their arguments.
If the judge is persuaded to make an order, they will grant an interim injunction and list a ‘return hearing’. At the return hearing, the court will listen to the arguments of both parties and decide whether to make the interim injunction a ‘final injunction’.
Making an application is a complicated procedure. Therefore, our solicitors always advise you to seek help from an experienced professional. Our solicitors will ensure you complete the application correctly and have the best possible chance of being successful.