Rule 16.6 Interim ordersI1
England
Where an applicant considers that it is necessary to apply for an injunction or restoration order without complying with rules 16.2 and 16.3, the applicant may inform the registrar that the matter is one of urgency and must supply the registrar with such information as the registrar may require.
Where the registrar is informed that a matter is one of urgency under paragraph (1) the registrar must immediately refer the matter to the chancellor.
If the chancellor considers that the matter is of such urgency that an injunction or restoration order should be issued without compliance with rules 16.2 and 16.3 the chancellor may issue an interim injunction or interim restoration order.
If the court considers it just and expedient to do so it may make an interim injunction or interim restoration order without a hearing and without affording the person against who the injunction or restoration order is made an opportunity to be heard.
Subject to paragraph (6), an interim injunction is to continue in force for the period of time specified in the injunction which must not be more than 14 days from the date on which it is issued.
The period of time specified under paragraph (5) may be extended by subsequent order of the court (and may be extended beyond 14 days).
Subject to paragraphs (5) and (6), an interim injunction or interim restoration order may be issued on such terms as appear to the chancellor to be just.
An interim injunction or interim restoration order and the terms on which it is issued must be in Form 19.
If the chancellor issues an interim injunction or interim restoration order the chancellor must give directions—
for the service of the injunction or restoration order on the person against whom it is issued;
requiring the applicant to serve an application in Form 16 and a witness statement complying with rule 16.2(3) on the person against who the injunction or restoration order is issued; and
subject to rule 14.1, for the hearing of the application.
Annotations
Commencement
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Rule 16.6 in force at 1.1.2016, see rule 28.1(2)