Article 2 Applications for injunctions

For Order 13, rule 6(3) and (4), there shall be substituted the following–

“(3)

The application shall be made in the appropriate prescribed form and shall–

(a)

state the terms of the injunction applied for; and

(b)

be supported by an affidavit in which the grounds for making the application are set out,

and a copy of the affidavit and a copy of the application shall be served on the party against whom the injunction is sought not less than 2 days before the hearing of the application.

(3A)

Where an order is sought ex parte before a copy of the application has been served on the other party, the affidavit shall explain why the application is so made and a copy of any order made ex parte shall be served with the application and affidavit in accordance with paragraph (3).

(4)

An application may not be made before the issue of the summons, originating application or petition by which the action or matter is to be commenced except where the case is one of urgency, and in that case–

(a)

the affidavit in support of the application shall show that the action or matter is one which the court to which the application is made has jurisdiction to hear and determine, and

(b)

the injunction applied for shall, if granted, be on terms providing for the issue of the summons, originating application or petition in the court granting the application and on such other terms, if any, as the court thinks fit.

(4A)

Paragraph (4)(a) and (b) shall apply, with the necessary modifications, where an application for an injunction is made by a defendant in a case of urgency before issuing a counterclaim or cross-application.”.