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What are the requirements for an interim injunction to be granted?

It is possible to apply for an injunction once court proceedings have commenced or before they have started in cases where it is in the interest of justice to do so, for example because evidence may be destroyed or funds dissipated. The court has to decide that it would be just and reasonable to grant the injunction. The granting of injunctions is discretionary and will depend on the individual facts of each case. The following must be proved before an injunction will be granted:
•    That there is a substantive cause of action
•    The respondent is threatening to act in such a way as to affect your rights
•    It is just and reasonable to grant the injunction and the actions of the applicant does not affect this
•    Damages are not an appropriate remedy for the substantive issue. 
 

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