PERLUCU HUE A UINCAUEN, EG COU RE wa Defendant was at aif material times well aware that the strip of The Detencr paragraph 3 of the Statement of Claim and paragraph 1 0 cfr a yclonged to the Plaintiff. a ene ‘denies that the strip of land or any part thereof forms part / eB iy of showing 3al knowledge sce Remdenv Dyson and Thorton 1466) UR HI. 1 See Pat we 1. 4 The princpl pads a ‘J which he knows belongs to someone else (2) INTERLOCUTORY INJUNCTION (1) APPLICATION 8 NOTICE OF MOTION for interlocutory i junction: Chancery Division! ly IN THE HIGH COURT OF JUSTICE 19... B. No... # Chancery Division . Between A.B. a Plaincit and C.D. = Defendant Taxe None that this Honourable Court will be moved on [Mon]day the . day of ......... 19... at the sitting of the Court at 10.30 o'clock or so soon thereafter as Counsel can be heard, by Counsel for the above- named Plainitiff for an Order that the Defendant [whether by himself or his agents or servants or any of them or otherwise howsoeverbe restrained by injunction until judgment in this action or further order? from doing the following acts or any of them that is to say blocking up or obstructing or permitting to be blocked up or obstructed the drain passing under the driveway of the Plaintiff's dwelling-house at (address) and [running into the ditch at the west side of the Plaintiff's said land or, in the case of a mandatory injunction®: remove the wall erected on the boundary between the Plaintiff's land] at (address) and the Defendant's land at (address)]*. Ap that provision may be made for the costs of this application® (Add, if leave has been given to serve short notice of motion®: Avo rurrase Tax Notice that special leave to serve short notice of motion has this day been granted by the Honourable Mr Justice ......... e Daten the ......1e. day Of eeseeesse 19+. of (Signature) plea & Co: of (address), [Agents for (name), of (address), Solicitors for the aint To-the Defendant and to G. H. & Co. of (address), his Solicitors. 1 See Paragraphs 5, 10 ante.2 This means thar the order is to be operative until the day named unless previously discharged by an earlier order: Bolton v London School Board (1878) 7 Ch 1D 766: it eannat be extended after the named. day without the leave of the court, 3 Interlocutory mandatory injunctions are rarely granted. 4 Whenever the information is available at this stage it is advisable to frame the injunction with the same particularity as will be used in the final order; accordingly the forms of injunction given in Forms 40-123 post (which are chiefly orders from or based on orders made by the court) should with the necessary variations be used as far as possible. 4 Paragraph 16 ante 6 RSC Ord 8 r 2 (2); Paragraph to ante. 9 SUMMONS for interlocutory injunction: Queen’s Bench Division! IN THE HIGH COURT OF Justice 19... B. No... Queen's Bench Division [Master ....... Between A.B, we Plaintiff and C.D. wes Defendant Ler ALL partis concerned attend the [Judge or Master’] in Chambers at Room No..., Royal Courts of Justice, Strand, London we2a aut on [Mon]day the’, day of ....../.- 19... At ......++. 0°lock on the hearing of an application by the Plaintiff for an order that the Defendant be restrained, whether by himself or by his servants or agents or otherwise, from fucther publishing a pamphlet entitled “What Price Bribery” or any similar docu- ment until after the trial of this action or farther order and that provision may be made for the costs of this application’. [This summons will be attended by Counsel for the Plaintiff] DATED the sesceesse day OF vressseee Tees This Summons was taken out by E. F. & Co. of (address), [Agents for (name), of (address),] Solicitors for the Plaintiff To the Defendant and to G. H. & Co. of (address), his Solicitors. 1 Paragraphs 5,17 ante; for an order see Form 29 post 2 For the limited powers ofa master to grant an injunction see Paragraph 3 ante. 3 The matter has limited jurisdiction in which to grant an injunction: RSC Ord 50 rp. 4 See Paragraphs 16, 17 sue, Io AFFIDAVIT supporting application for interlocutory injunction’ (Heading as in Form 2) Plaintiff: A. B.: x 1, A. B., of (state residence or workplace and occupation or, if none, description), make oath and say as follows: 1. Lam the Plaintiff in this action’. 2. By a conveyance dated ......... 19... and made between (1) X. Y. and (2) the Plaintiff the dwelling-house and garden known as 1, Motte Lane, Rutley in the County of Wessex, and hereinafter called “‘my property” were conveyed to me in fee simple absolute free from incumbrances. I tookINTERLOCUTORY INJUNCTION: HIGH COURT 93 possession of my property a few days after the date of the conveyance. The dwelling-house and garden known as 3, Motte Lane, Rutley aforesaid immediately adjoin my property to the south thereof and the dwelling-house had only recently been completed and was still unoccupied when I took possession of my property. 3. The Defendant entered into possession of the dwelling-house and garden known as 3, Motte Lane, Rutley (hereinafter called “‘the Defendant's property”) on or about . 19... At that time and until ...see0. 19. I was absent from my property on holiday, and on my return I found the Defendant in occupation of his property. | immediately noticed that he was causing to be erected a shed or garage at the back of his dwelling-house and for this purpose he and the workmen employed on the erection were passing and re-passing along the strip of land between my house and his house. 4. thereupon examined the plan to my conveyance dated 1Qeons from which it appeared that the strip of land was part of my property to the extent of about 6 feet. The plan‘ now produced to me and marked “A. B. 1” is an accurate scale plan of my property and the Defendant's property prepared on my instructions by Messrs P. Q., of (address), Surveyors. My property is thereon coloured red and the Defendant's property is coloured blue. The strip of land between my house and the Defendant's house is hatched in green and the Defendant's garage is thereon delineated by a purple line. There is no fence or other visible boundary between the Defendant's property and my property. s. Immediately after I noticed the Defendant’s building and that he was trespassing on the said strip of land I orally informed him that the whole of the strip was part of my property, but he orally denied this and claimed that the strip was patt of his property and that accordingly he was not trespassing at all, and that he intended to complete the building of the garage. 6. By letter to the Defendant dated ......... 19... I called on the Defendant to cease building his garage on my property and to cease trespassing on the strip of land. In erecting the garage the Defendant has precluded me from using the strip of land as a means of access from Motte Lane aforesaid to a garage that I intend to build at the rear of my house. 7. Unless restrained by the Court, the Defendant threatens and intends to continue to build the garage and trespass on the land as aforesaid. (Conclude as in Form 2) Paragraphs (4, 17 ante. This form provides an example of the circumstances in which an injunetion would be geanted unless an undertaking in lieu was accepted: see Forsn 14 post. For applications for interlocutory injunctions see Forms 8, 9 ante, 2 See Form 2 now 2 ante. ‘The plainaif is usually the correct deponent unless his knowledge does not cover the facts to be leposed to: for example expert evidence may occasionally be required. The affidavit may contain statements of information or belief which the deponent could not prove of his own knowledge provided the affidavie sets out the sources and grounds of belief: RSC Ord 41 r 5 (3)- 4 The introduction in the early stages of a boundary dispute of a scale plan often saves anuch subsequent canfusion,; v4 ANJUNELIUNS: FUKMD (2) ORDER: CHANCERY DIVISION, Il INTERLOCUTORY INJUNCTION on ex parte application before issue of writ IN THE HIGH COURT OF JUSTICE Chancery Division Mr Justice ......... (in camera) [Tues]day the ......... day Of vessceses 19. IN THE MATTER OF AN INTENDED ACTIO Between ALB. we Intended Plaintiff and C.D. “ Intended Defendant Upon Motion for an injunction made by Counsel for the intended Plaintiff (hereinafter called “‘the Plaintiff”) AND UPON HEARING what was alleged by Counsel for the Plaintiff [AND UPON READING a draft Writ of Summons in the above mentioned intended action and a draft Affidavit of X. Y.] Anp the Plaintiff by his Counsel undertaking (1) (Forthwith] [on or before the ......... day of ......... 19+] (1) to issue a Writ of Summons [in the form of the said draft Writ of Summons] and (2) to make and file an affidavit? [verifying what was alleged by Counsel as aforesaid] [in or substantially in the terms of the said draft] (3) To serve a [copy or draft] of the intended affidavit together with this Order (4) To abide by any Order this Court may make as to damages in case this Court shall hereafter be of opinion that the intended Defendants (hereinafter called “the Defendants”) shall have sustained any by reason of this Order which the Plaintiff ought to pay? Ir 1s Onpraen that the Defendants be restrained until after [Tues]day the ceceessee day Of «. 19... ‘ or until further order in the meantime from doing [as regards the Defendant E. F. Plc whether by their directors officers servants agents or any of them or otherwise howsoever and as regards the Defendant C. D..whether by himself or by his servants workmen or agents or any of them or otherwise howsoever] the following acts or any of them that is to say (set out injunction) ANp the Plaintiff is to be at liberty to serve short notice of motion’ (if required) for [Tues}day the ......... day of ......... 19... [provided that service is effected before ......... o'clock in the ......... noon on [Mon]day the : day of 219.0). ND the Defendants and each of them are to be at liberty to apply to the Court to discharge this injunction on [6 hours’] previous notice to the Plaintiff® 1 Parageaph 10 ante. 2 As co the circumstances under which afidavits sworn prior to the commencement of proceedings may be accepted by the court, see the Supreme Court Practice root para 820, 3 Paragraph 13 ante. The exaction of this undertaking is virtually automatic. 4 The court is reluctant to grant an ex parte injunction for a lonig period, and this date would usually be the frst practicable date when he matter cold come on for hearing inter partes ‘Fr 5 Asto short notice of m Vol 28 (1986 Issue) title MOTIONS Paragraph 27. The object of fixing | atime for service is ¢ defendant to have some opportunity of preparing himself to deal | ‘with the motion on. 6 An application to ex parte motion can always be made ex parte, provided there is sufficient urgency all application. If notice has to be given, it must be the usual two clear days: RSC Ora «= ‘time is accordingly often abridged for the defendant's benefit. I2 INTERLOCUTORY INJUNCTION on ex parte application after issue of writ! IN THE HIGH COURT OF JUSTICE 19... [Link]. «.. Chancery Division } Mr Justice .... [Tues}day the eday Of vessssses 1. Between A.B. be Plaintiff and () C.D. () LM. w.’ Defendants* Uron Morton made by Counsel for the Plaintift ‘AND UPON READING the Writ of Summons issued [this day or 19...] and an Affidavit of A. B, sworn on the ......... 19... and the exhibits thereto Ap the Plaintiff by his Counsel undertaking to abide by any Order this Court may make as to damages in case this Court shall hereafter be of opinion that the Defendants or either of them shall have sustained any by reason of this Order which the Plaintiff ought to pay? | Tris ORDERED that the Defendants and each of them be restrained until after ......... 19... or until further order in the meantime from doing ‘whether by themselves or by their servants or agents or any of them or Stherwise howsoever® the following acts or any of them that is to say (set out injunction). (Conclude as in Form 11) 1 Paragraph 10 ante. For a supporting aifidavit see Form 10 ante, No order for costs is usually made on an ex parte motion: see Paragraph 16 ante. 2 For an injunction against a single defendant see Form 13 post. 3 This is the usual undertaking required as a coudition of granting an interlocutory injunction: see Parageaph 13 ante 4 This date is usually that of the first practicable day when the motion can come on for hearing inter partes, The court is reluctant to grant an ex parte injunction for a longer period, To expedite matters {he plaintiff should seck leave from the judge to serve short notice of motion: RSC Ord 8 2 (2); ee Paragraph 10 ante and Form 8 ante. 5 See Paragraph 2t ante,96 INJUNCTIONS: FORMS 13” INTERLOCUTORY INJUNCTION on inter partes application’ IN THE HIGH COURT OF Justice 19... BL No... Chancery Division Mr Justice .. [Tues]day the 219. Between bes Plaintiff ae Defendant Uron Monon made by Counsel for the Plaintif?™ AND UPON HEARING [Counsel for the Defendant or the Defendane in person] AND UrON READING the documents recorded in the Court File as having been read Ano the Plaintiff by his Counsel undertaking to abide by any Order this Court may make as to damages in case this Court shall hereafter be of opinion that the Defendant shall have sustained any by reason of this Order which the Plaintiff ought to pay? Iris Orperep that the Defendant be restrained until after judgment in this action or until further Order in the meantime from doing whether by himself or by his servants or agents or any of them or otherwise howsoever the following acts or any of them that is to say (set out injunction) The costs of the motion [and of the ex parte motion moved herein on the + day Of esseessee 19s.-] are to be [the Plaintiff's} costs in the cause? 1 Paragraph 10 ante. For a notice of motion and a supporting affidavit see Forms 8, 10 ante. 2 This is the sual undertaking required as a condition of granting an interlocutory injuetion: see Paragraph 13 ante 3 Paragraph 16 ante. 14 ORDER on undertaking until judgment in lieu of injunction’ (Heading as in Form 13) Upon Morton (continue with formal parts as in Form 13) Ap the Plaintiff by his Counsel undertaking to abide by any Order this Court may make as to damages in case this Court shalll hereafter be of opinion that the Defendant shall have sustained any such damages by reason of the Defendant's undertaking hereinafter contained which the Plaintiff ought to pay Ano the Defendant by his Counsel undertaking that until after Judgment in this action or until further Order in the meantime the Defendant will not whether by himself or by his servants or agents or otherwise howsoever do the following acts or any of them that is to say (specify the acts covered by the undertaking) Tus COURT DOES Nor THINK FIT to make any Order on the Motion except that the costs thercof be costs in the action?100 INJUNCTIONS: FORMS (3) ORDER: QUEEN’S BENCH DIVISION 20 ‘INTERLOCUTORY INJUNCTION on ex parte application’ (Heading as in Form 9) Urow nzaninc Counsel for the Plaintiff AND UPON ReaDinc the Affidavit of the Plaintiff sworn on the ......... day Of vissssses 19... and the exhibits thereto? Ano the Plaintiff (continue as in Form 13) Ir 1s Oxperep anp Direcrep that the Defendant C. D. by himself his agents or servants or otherwise howsoever be restrained and an injunction is hereby granted restraining him from [parting with indorsing assigning or negotiating the cheque dated ......... 19... mentioned in the Plaintiff's Afhdavit herein’] until after the hearing of a summons returnable on the s--0+ 19s+, Next? or until further order DATED the ..eeesee day Of eeessse. 19s 1 Adapted from Queen's Bench Masters’ Practice Form No PF64; 0: Paragraph 17 ante. No order for cows will be made a this sage 2 [ean happen that several interloaory injunerions are granted in the same action, lt may be wsefil to be able readily to discern which affidavits formed the evidence in support of which injunction, so affidavits should be clearly identified, preferably withthe details which should be atthe top righthand comet: Practice Note [1983] 3 All ER. 33, sub nom Practice Direction [1983] 1 WLR gas; ee Vol 9 (1990 Issue) ttle anupavers Paragraph 4 3 An injunction should state in the clearest posible terns exactly what the defendant is restrained from doing 4+ An ex parte injunction will normally be granted only until such time aé the defendant ean be brought before the court, In the Commercial Court ex part injunctions ae often granted wnt al or further crder: see the Guide to Commercial Court Practice: Supreme Court Practice 1991 pata 73/27 21 INTERLOCUTORY INJUNCTION on inter partes application’ IN THE HIGH COURT OF JUSTICE 19... B. No... Queen's Bench Division The Hon Mr Justice ......... Judge in Chambers Between A.B. 7 Plaintiff and C.D. Ple _ Defendant Upon tzarin¢ Counsel for the Plaintiff and for the Defendants AND UPON READING the Affidavit of the Plaintiff filed ......... 19... and the Affidavit of X. Y. filed ......... 19... and the exhibits therein respectively referred to Anp the Plaintiff by his Counsel undertaking to abide by any Order the Court may make as to damages in case the Court should hereafter be of opinion that the Defendants shall have sustained any by reason of this Order which the Plaintiff ought to pay Ir ts Onperep anp Dinecrep that the Defendants C. D. Ltd. by their agents or servants or otherwise howsoever be restrained and an injunction is hereby granted restraining them from [parting with the sum of £10,000JUDGMENT AND ORDER: HIGH COURT Tor standing to the credit of P. Q. in the books of the Defendants other than to the Plaintiff] until after the trial of this action or until further Order AND IT IS FURTHER OnpERED that the costs of this application [add, if there was a revicus ex parte application; and of that before Mr Justice . on .] be [costs in the cause or reserved to the Judge at the trial]? 1 See Paragraph 17 ante; for a summons see Form 9 ante. An undertaking by the defendants in lieu of ‘an injunction may be accepted: see Form 14 ante. 2 See Paragraphs 16, 17 ante. (3) JUDGMENT AND ORDER (1) CHANCERY DIVISION 22 FINAL ORDER for declaration, injunction and mandatory injunction’ (Heading as in Form 13) Upon th RIAL. of this action AND UPON READING the documents recorded in the Court File as having been read AND UPON HEARING Counsel for the Plaintiff and for the Defendant Iris Dectaren that the Plaintiff is entitled (set out the appropriate declaration of right) AND rr 18 OrosreD (1) that the Defendant do forthwith (set out the mandatory injunction) (2) that the Defendant be restrained from doing (whether by himself or by his servants or agents or otherwise howsoever) the following acts or any of them that is to say (specify the acts restrained) (3) that the Defendant do pay to the Plaintiff his costs of this action [including therein the costs of the motion for an injunction made on «.....-.. 19...] such costs to be taxed 1 Paragraphs 2, 2t ante. A declaration is only needed where there is no document or other clear means of defining the plaintiff's rights in respect of which he seeks an injunction. A mandatory injunction must be $0 framed a5 0 indicate ro the defendant exactly what he has to do: Reiland Bricks Lid » Morris Redland Bricks Ld [1970] AC. 652, [1969] 2 AUER. 576, HL. 23 CONSENT ORDER for injunction: hearing of motion treated as trial of action’ (Heading as in Form 13) Upon Motion for an injunction made by Counsel for the Plaintiff AND UPON HEARING Counsel for the Defendant104 INJUNCTIONS: FORMS (1) An inquiry? what damages? (if any) the Plaintiff has sustained by reason of (specify the wrongful acts established in the action) Avp tris Onpenep that the Defendant do pay to the Plaintiff his costs of this action down to and including this Judgment to be taxed AnD the costs of this inguiry are reserved Or, where damages have been agreed or assessed at the trial: Ir ts Oxperep that the Defendant do pay to the Plaintiff the sum of Loves by Way of damages and his costs of this action such costs to be taxed] TAN the parties are to be at liberty to apply) 1 See Paragraphs 7, 21 ante. 2 Note that the inquiry is numbered even though there is only one; RSC Ord 43 £2 (2) 3. These damages will include not only damages for any injury already sustained but also for eny injury that may be inflicted in the future by commission of the acts in question: see Leeds Industrial Co- operative Society Ltd v Slack (1g24] AC 8st at 857, [1924] All ER Rep 259 at 262, HL, per Lono Fintay. (2) QUEEN’S BENCH DIVISION 28 FINAL ORDER for injunction’ IN THE HIGH COURT OF JUSTICE 19... B. No. ... Queen’s Bench Division The Honourable Mr Justice in Chambers Between A.B ve Plaintiff and C.D. Defendant (This matter occupied the time of the Court for ......... minutes that is to say from «2.02... A.M, tO vessseees au.) Uo HearinG Counsel for the Plaintiff and Counsel for the Defendant AND UPON READING the Affidavit of the Plaintiff filed herein Tris Orpeep that the Defendant C. D. by himself his agents or servants or otherwise howsoever be restrained and an injunction is hereby granted restraining him from [entering or crossing the Plaintiff's field known as Long Meadow at ........-] Anp that the costs of this application be taxed and paid by the Defendant to the Plaintiff BY THE COURT Daten the .. veces day Of veesseeee eee ¥ See Paragraph 21 ante. Other forms of final order may be adapted from Forms 23, 26, 27 ante. See also the general clauses included in Forms 32-35 post.142 INJUNCTIONS: FORMS 118 MANDATORY ORDER that defendant do vacate the plaintiff’s house and INJUNCTION restraining him from re-entering thereupon and assaulting the plaintiff! +. that the Defendant do forthwith [upon service of this Order’] vacate the Plaintiffs land and premises situate at (address) and known as ......... in the County of Rutley and ......... from doing the following acts or any of them namely (i) being or remaining or entering upon the said land and premises and (ji) assaulting molesting annoying or otherwise interfering with the Plaintiff or her enjoyment of the land and premises 1 Egan v Egan [1975] Ch at8, [1975] 2 All ER 167. The defendant in that case was the plaintf’s son who had been living with the plsintff but who had been guiley of sssaul and thet. 2 These words should be added i the defendane is noe presene when che order is made II9 INJUNCTION restraining trespass where danger to public health! The Defendants and each of them be restrained until after judgment in this action or until further Order in the meantime by themselves, their respective servants or agents or otherwise from knowingly entering or remaining or causing or permitting motor vehicles, caravans or other vehicles or movable dwellings to be placed or remain upon any vacant land belonging to the Plaintiff and in particular the Plaintiff’s land bounded by ....++.. and . : 1 Adapred from the order made in Manchester Corpn v Connolly (1970] Ch 420, [1970] 1 AIL ER. 961, cA. 120 INJUNCTION restraining trespass by encroa requiring demolition’ ng building and Tv 1s-Onperep (1) that the Defendant be restrained from doing whether by himself or by his agents or servants or otherwise howsoever the following act that is to say trespassing on the Plaintiff's strip of land at (address) by erecting or allowing any building to remain thereon @) that the Defendant do forthwith remove from the Plaintift’s strip of land so much of the Defendant's garage as may stand on or overhang any part of the Plaintiff's strip of land 1 The normal remedy for trespass is an action for damages, but if continuous or repeated trespass is threatened s0 as to be in the nature of a nuisance, of where the trespass is not occasioned by casual strangers but under a claim of right such 28 2 right of way, the court may grant an injanetion to restrain the trespass: Hophiies v Caddick (1851) 18 LTOS 236; Lowndes v Betle (186s) 3 New Rep 409, Sinoareay