Rule 16.7 Injunction or restoration order issued of court’s own initiativeI1

England

(1)

The court may issue an injunction or restoration order (including an interim injunction or interim restoration order) of its own initiative.

(2)

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.

(3)

An injunction issued of the court’s own initiative must—

(a)

be in Form 20; and

(b)

in the case of an interim injunction, 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.

(4)

The period of time specified under paragraph F1(3)(b) may be extended by subsequent order of the court (and may be extended beyond 14 days).

(5)

If the court issues an interim injunction or interim restoration order of its own initiative the chancellor must give directions—

(a)

for the service of the injunction or restoration order by the registrar on the person against whom it is issued; and

(b)

subject to rule 14.1, for the hearing of the matter.

(6)

Before making a restoration order of the court’s own initiative, the chancellor must consider whether a special citation should be served on any person against whom a restoration order might be made requiring that person to attend before the court and affording that person an opportunity of being heard.

(7)

A restoration order made of the court’s own initiative must be in Form 21.

Annotations

Textual amendments

F1: Word in rule 16.7(4) substituted (1.4.2020) by The Faculty Jurisdiction (Amendment) Rules 2019 (S.I. 2019/1184), rules 1(2), 16

Commencement

I1: Rule 16.7 in force at 1.1.2016, see rule 28.1(2)