Temporary injunction

What is a temporary injunction?

The objective of a temporary injunction is to provisionally secure or implement a claim, until a final decision is made. Temporary injunctions apply to all types of claims other than monetary claims.

Examples of cases that have been brought before the Court for temporary injunction include halting blasting work that poses a hazard for neighbours, postponing deportation of asylum-seekers, prohibition against distribution of libellous articles in the media and bans on the sale of copied products.

What is needed to petition for temporary injunction?

In order to petition for a temporary injunction, you must substantiate the existence of a claim. You must also have a reason to demand security. A reason to demand security could be that someone's conduct gives rise to fear that enforced execution of the claim will be forfeited or significantly complicated. 

What is the cost of petitioning for temporary injunction?

You must pay a fee in order to submit a petition for a temporary injunction. See fees and payment for a complete overview of fees.

What must a petition for temporary injunction contain?

A petition for temporary injunction must be submitted in writing in 4 complete copies with appendices, and must contain the following:

  • the parties’ names, addresses, dates of birth/Business Reg. Nos. and preferably telephone number

  • an overview of the claim you want to secure, how you want it to be secured and the reason why you are petitioning for a temporary injunction

  • other information and documents that substantiate the claim as well as possible

If it is important that the petition is processed by the Court without input from the opposing party, you must state why this is of particular importance. If you want the opposing party to cover legal costs of the case, this must also be stated.

As is the case for all other petitions, when you submit a petition for provisional security, you must be aware that, if the petition is not successful, this could lead to responsibility to pay the opposing party's legal costs. The liability for legal costs also includes the opposing party's attorneys' fees.

Proceedings

It is worth noting that the Court itself considers what form of security is necessary, and is thus not obliged to select the measures you request in the petition.

Depending on the case, Oslo County Court can handle a petition for temporary injunction in a number of different ways:

  • The petition can be turned down immediately if the Court finds it obvious that there is no claim that can be secured by means of an interim decision, or that special reasons warranting an interim decision are not in place

  • The Court can arrive at an interim decision in the case without the opposing party being heard

  • The Court summons the parties to a hearing before it reaches a decision

In the case of temporary injunctions, the case is forwarded to the Execution and Enforcement Commissioner for implementation, if the plaintiff has requested this. Implementation can take place, for example, by the Execution and Enforcement Commissioner  visiting the defendant and ordering that construction work be halted.

Subsequent oral negotiation

Rulings that are pronounced immediately, without a foregoing court hearing, can be appealed. However, the opposing party, or others who are affected by the decision, can petition for oral negotiations. This is free of charge. If there is a petition for oral negotiation, the Court will summon the parties to a hearing. The Court will render a decision in the case by means of a ruling. This ruling can be appealed to the Court of Appeal. The appeal deadline is 1 month from when the ruling is served on you, and you must pay an appeal fee.


 

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