Section 25.8

Where the applicant reasonably believes that there is good reason for not giving the required notice, and where the application is to be dealt with at a court hearing— the application notice, supporting evidence and a draft order must be filed with the court at least two hours before the hearing wherever possible; if an application is made before the application notice has been issued, a draft order must be provided at the hearing, and the application notice and evidence in support must be filed with the court on the same or next working day or as ordered by the court; except in cases where the applicant reasonably believes that secrecy is essential, the applicant must take steps to notify the respondent of the application; and the applicant must take or arrange to be taken a note of the hearing and serve this on the respondent. Where the application is to be dealt with at a court hearing before the issue of a claim form, in addition to the requirements of paragraph (1)— unless the court orders otherwise, either the applicant must undertake to the court to issue a claim form immediately or the court must give directions for the commencement of the claim; where possible the claim form must be served with the order for the injunction; and the order must state in the title after the names of the applicant and respondent ‘the Claimant and Defendant in an Intended Action’. Where the application is to be dealt with remotely— the applicant must be prepared to send the judge a draft order in electronic format; and the application notice and evidence in support must be filed with the court on the day of the hearing or next working day or as ordered,together with two copies of the order for sealing where the application is made on paper. (Further information about the procedure for urgent applications, including urgent out of hours applications, may be found in the relevant court guide, on the HMCTS website, or by contacting the court directly.)

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Source: legislation.gov.uk · retrieved 2026-08-15