Interim and Precautionary Measures

An injunction is a court order requiring a party to either take certain steps (a mandatory injunction) or refrain from taking certain steps (a negative injunction). An interim injunction is such an order made before the trial of the claim. A claimant may seek to protect his or her position in the course of legal proceedings, or even before proceedings are begun, by seeking an interim injunction to prevent the defendant from acting in a way which will harm the claimant.

“You have started an action in the courts, but proceedings are slow and you are feeling rather put off.” 

You fear that your debtor will take advantage of the long-drawn-out procedures and the various redress facilities to escape his creditors before judgment is actually given. For example, he might be tempted to organize his own insolvency or to transfer his assets. If so it is in your interests to apply to the court for interim measures. The court may order interim or precautionary measures against the debtor's assets. The purpose of all these measures is to anticipate the final judgment on the merits for a certain period so as to ensure that it will be possible to enforce it. 

The party seeking an interim injunction (the applicant) must file an application notice at court, supported by written evidence. In making the application, the applicant must make full and frank disclosure of all material facts of which the court should be made aware (particularly where the application is made without notice).