By Lawyers For Lawyers
The conduct of a County Court proceeding followed sequentially from settling it early to going to court.
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The County Court’s injunctive power is unlimited.
The power extends to granting Mareva-style and Anton Piller asset preservation orders under Order 37B, in proceedings within its jurisdiction: s 37 County Court Act 1958. See also practice Notes 1-2007 and 2-2007.
However, this is not the place to make an urgent application for an injunction. If you are in that position approach the Supreme Court. See the Step-by-Step Guide to the Supreme Court which provides commentary and precedents in relation to injunctions.
The Court may grant an interlocutory injunction, before or after the commencement of a proceeding: r 4.08, r 38.01.
When the injunction is granted, give consideration as to the most effective manner of bringing the injunction to the defendant’s notice and make appropriate submissions to the Judge. Orders can be sought for service of an injunction by facsimile, electronically and even to the voicemail of a mobile telephone, depending upon the circumstances and the urgency of the matter.
Rule 38.03 gives the Court a discretion in relation to the costs of an injunction obtained before the trial of a proceeding. In addition, order 63A provides:
63A.19 Interlocutory injunctionWhere the Court grants an interlocutory injunction and afterwards grants a further interlocutory injunction continuing the first injunction with or without modification, an order as to the costs of the further injunction shall, unless the Court otherwise orders, include the costs of the first injunction.63A.20 Interlocutory applicationEach party shall bear that party's own costs of an interlocutory or other application in a proceeding, whether made on or without notice, unless the Court otherwise orders.
63A.19 Interlocutory injunction
Where the Court grants an interlocutory injunction and afterwards grants a further interlocutory injunction continuing the first injunction with or without modification, an order as to the costs of the further injunction shall, unless the Court otherwise orders, include the costs of the first injunction.
63A.20 Interlocutory application
Each party shall bear that party's own costs of an interlocutory or other application in a proceeding, whether made on or without notice, unless the Court otherwise orders.
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