A temporary injunction is used to secure or execute a claim temporarily until final judgement has been made. A temporary injunction applies to all types of claim, except monetary.
What is a temporary injunction?
Examples of cases that have been brought before the court for a temporary injunction include stopping blasting work that caused a risk for neighbours, postponement of repatriation of asylum-seekers, a ban on the distribution of offensive articles in the media and a ban on the sale of counterfeit products.
What are the criteria for a temporary injunction?
To apply for a temporary injunction, you have to prove that you have a claim. You must also have grounds for provisional security. Grounds for provisional security can be the conduct of an individual giving reason to believe that enforcement of a claim will be wasted or made unreasonably difficult.
What does it cost to apply for a temporary injunction?
To apply for a temporary injunction, you will have to pay a fee. See fees and payment for full details of fees.
What does an application for a temporary injunction have to contain?
An application for a temporary injunction has to be submitted in writing in 4 complete copies and must contain the following:
- the names, addresses, dates of birth/Business Register Number and preferably a telephone number for all parties involved
- details of which claim is to have provisional security and how it is to be applied plus the reason for the application for a temporary injunction order.
- other details and documents that underpin the claim as much as possible
If it is important that the application is heard by the court without the opposing party being consulted, you must state why this is of special significance. You must also state whether you want the case costs paid by the opposing party.
As for all other applications, when submitting an application for a temporary injunction, you should be aware that if the application cannot be granted, it can lead to liability for the opposing party's case costs. Liability for the case costs includes the opposing party's legal fees.
It is worth noting that the court itself decides which form of security is necessary and is not therefore bound to select the measures you ask for in your application.
Depending on the case, the court can consider an application for temporary injunction in different ways:
- The application can be rejected immediately if the court finds it obvious that there is no claim that can be given provisional security or that particular grounds for granting a temporary injunction do not exist
- The court can grant a temporary injunction in the case without consulting the opposing party
- The court will summon the parties to court before granting an injunction
If a temporary injunction is granted, the case is referred to the Bailiff for action if requested by the claimant. The injunction can be served for instance, by the Bailiff visiting the defendant and delivering a stop order on building work.
Subsequent verbal negotiation
Verdicts given without any prior court session cannot be appealed. On the other hand, the opposing party (or others affected by the judgement) can request verbal negotiation. This is free of charge. If verbal negotiation is requested, the court will convene a court session. The court will pass judgement on the case by giving its verdict. You can appeal against the verdict to the Court of Appeal. The deadline for appeal is one month from announcement of the verdict and you will have to pay a appeal fee.