Injunctions—costs recovery


Published by a ÑÇÖÞÉ«ÇéÍø Dispute Resolution expert
Practice notes

Injunctions—costs recovery


Published by a ÑÇÖÞÉ«ÇéÍø Dispute Resolution expert

Practice notes
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This Practice Note considers the costs position following an application for an interim injunction, the general approach taken by the courts and in what circumstances there will be a departure from the general position. This Practice Note also considers the court’s approach to costs recovery in respect of applications concerning freezing injunctions and costs orders made in respect of anti-suit injunctions.

Costs orders following applications for interim injunctions

An applicant that is granted an interim injunction may understandably expect the court to order the respondent to pay the costs of the application. However, in Desquenne et Giral v Richardson (1999), the Court of Appeal held that the costs of an interim injunction application granted on (or agreed by consent on the basis of) the balance of convenience should usually be reserved until trial of the substantive issue. This is because there is no successful or unsuccessful party at this stage for the general rule to apply for the unsuccessful party to be ordered to pay the costs of the successful party (CPR 44.2(2)).

The Court of Appeal in Digby v Melford

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United Kingdom

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