Form N16A: Application for Injunction (2026 Guide)

Form N16A is the standard application form used to apply for a civil injunction in the county court. An injunction is a court order compelling a person or organisation either to stop doing something (a prohibitory injunction) or to take a specific action (a mandatory injunction). The consequences of getting this application right — or wrong — are immediate and often serious. Whether you are seeking emergency relief without notice or making a full on-notice application, this guide explains precisely what Form N16A requires, how the procedure works, and what the court will expect from you at every stage.

When Do You Need Form N16A?

You need Form N16A whenever you are applying for a civil injunction in proceedings in the county court. Common situations in which an injunction application arises include:

• Preventing threatened or ongoing harm — for example, where a neighbour is about to carry out unlawful building works, where a party is about to dissipate assets in breach of a freezing order, or where someone is trespassing on your land.
• Enforcing a contractual obligation — where a party is in breach of a restrictive covenant, a confidentiality clause, or a non-compete agreement.
• Protecting property — where there is a real and immediate risk that property will be damaged, destroyed, or removed from the jurisdiction.
• Restraining a breach of confidence or misuse of private information — where sensitive information is about to be disclosed or published unlawfully.
• Supporting existing proceedings — where you have issued or are about to issue a claim under Part 7 or Part 8 and need interim relief to preserve the position until trial.
• Without notice (emergency) situations — where the urgency is such that giving advance notice to the respondent would defeat the purpose of the application entirely.

Form N16A is a general-purpose application form. It is used for most civil injunction applications that do not have their own dedicated form (for example, harassment injunctions under the Protection from Harassment Act 1997 use Form N138 instead). If the order you need arises within proceedings that are already underway, see Form N244A: application for an injunction.

What Form N16A Is Used For

Form N16A formally places your application before the court. It tells the court and — unless you are applying without notice — the respondent precisely what order you are seeking, on what legal basis, and why. It is not a pleading in the same sense as Particulars of Claim, but it must contain sufficient detail to allow the judge to understand the nature of the application at first sight.

The form triggers the following court processes:

• Listing — once filed, the court office will list the application for a hearing (or, for without notice applications, place it before a judge immediately or as a matter of urgency).
• Service on the respondent — for on-notice applications, the court will direct or you will be required to serve the application, your witness statement, and the draft order on the respondent within a specified period.
• Judicial consideration — the judge hearing the application will assess whether the American Cyanamid test is met: (a) is there a serious question to be tried; (b) would damages be an adequate remedy; and (c) where does the balance of convenience lie. (American Cyanamid Co v Ethicon Ltd [1975] AC 396 is the leading House of Lords authority but you should be aware that on facts involving freedom of expression or publication, the test in section 12 of the Human Rights Act 1998 applies.)
• Return date (where a without notice order is made) — if the judge grants the injunction without notice, the order will include a return date at which the respondent can appear and contest the continuation of the order.

How to Apply Using Form N16A: Step by Step

1. Confirm You Have Grounds for an Injunction

Before completing Form N16A, identify your legal basis. An injunction is an equitable remedy — it is granted at the discretion of the court and is not available simply because you have a cause of action. You must be able to point to:

• An underlying cause of action (for example, a tort, a breach of contract, or a statutory right of action).
• Evidence that there is a serious question to be tried — that is, your claim is not so clearly misconceived or unarguable that it should be dismissed outright.
• Evidence of either actual harm or a real and imminent risk of harm that damages alone will not adequately compensate.

If you cannot identify these three elements, the court is unlikely to grant the order.

2. Prepare Your Witness Statement

Form N16A alone is not sufficient. You must file a witness statement in support that sets out the factual basis for your application in full. This is the document the judge will read most carefully. Your witness statement must:

• Be in the first person and comply with CPR r.32.4 and Practice Direction 32.
• State your full name, address, and position in the proceedings.
• Set out the relevant facts in chronological order, with dates, names, and specifics wherever possible.
• Exhibit all documents you are relying on (contracts, correspondence, photographs, records) as numbered exhibits.
• Explain clearly why damages would not be an adequate remedy — this is critical to the injunction jurisdiction and must be addressed directly.
• For without notice applications: explain specifically why it was not practicable to give notice, and disclose any facts or arguments that the respondent might raise in opposition. The duty of full and frank disclosure (see below) is absolute.

3. Draft Your Order

You must prepare a draft of the order you are seeking. This is not optional — Practice Direction 25A paragraph 2.4 requires a draft order to accompany every injunction application. The draft should:

• State the names of the parties clearly.
• Set out the specific acts the respondent is to be restrained from doing (or required to do), using clear and precise language. Vague or imprecise injunctions will be refused or returned for redrafting.
• Include a penal notice on the front page: “If you the respondent [name] disobey this order you may be held to be in contempt of court and may be imprisoned, fined, or have your assets seized.” A without notice injunction without a penal notice cannot be enforced by committal.
• State the date and time until which the order is to remain in force (if interim), or be expressed as a permanent order (if made at trial).
• Include an undertaking in damages on the part of the applicant where an interim order is sought (see Practice Direction 25A paragraph 5.1(1)).

4. Complete Form N16A

Open the current version of Form N16A from the HMCTS website. Complete it as follows:

• Applicant and respondent details — full legal names and addresses for both parties.
• The order sought — describe in plain terms what you are asking the court to do. Keep this consistent with your draft order.
• Grounds — a brief statement of the legal basis (e.g. “breach of contract” or “commission of the tort of private nuisance”). The full grounds are developed in your witness statement.
• Without notice box — if you are applying without notice, tick the relevant box and state the reason why notice has not been given. You will need to justify this in your witness statement as well.
• Statement of truth — sign and date. The form must be verified; an unverified application will not be accepted by the court office.

5. File the Application

Assemble the following documents and file them at the court office (or by email to the court, where permitted):

• Completed Form N16A.
• Witness statement(s) in support with exhibits.
• Draft order.
• Court fee (see Key Deadlines section below for current rates).
• Form EX160 (fee remission application) if applicable.
• Two additional copies of each document for the court and the respondent (for on-notice applications).

For emergency without notice applications, contact the court by telephone before attending. Some courts maintain an urgent applications list; others require you to attend and request that the application be placed before the duty judge.

6. Serve the Respondent (On-Notice Applications)

For on-notice applications, you must serve a copy of Form N16A, your witness statement, exhibits, and the draft order on the respondent. The period of notice required is addressed in CPR r.23.7 — normally not less than three clear days before the hearing, though the court may abridge this on application. Keep a record of service; you may need to produce a certificate of service at the hearing.

7. Attend the Hearing

At the hearing, be prepared to:

• Outline the application briefly and clearly — judges will have read the papers.
• Address the American Cyanamid criteria directly.
• Offer the undertaking in damages (which will normally be required of you as a condition of any interim order).
• For without notice hearings: be ready to disclose everything relevant, including anything unfavourable to your position.

Key Deadlines

What Happens After You File Form N16A?

If the application is made on notice:
The court will list a hearing, usually within days for urgent applications or within the standard applications timetable for less urgent matters. Both parties attend. The judge may grant the injunction, refuse it, or adjourn it for a further hearing with fuller evidence.

If the application is made without notice and the order is granted:
The court will seal the order and give directions for it to be served on the respondent promptly. The order will include a return date — the respondent’s first opportunity to appear and challenge the continuation of the injunction. Until the return date, the order is binding and enforceable. If the respondent breaches it, you may apply to commit them for contempt of court.

If the application is made without notice and the order is refused:
The judge may direct that the application be relisted on notice, or refuse altogether. Reasons will be given. You retain the right to renew the application on notice.

After the return date:
At the return date hearing the court will decide whether to continue the interim injunction pending trial, vary its terms, or discharge it. If the order is continued, it remains in force until trial or further order.

Common Mistakes on Form N16A Applications

1. No draft order filed. This is the single most common reason an injunction application is adjourned or refused on paper. The court cannot make an order without knowing its precise terms. Always file a draft.

2. Penal notice omitted from the draft order. Without a penal notice, an interim injunction cannot be enforced by way of committal for contempt. This defeats the purpose of obtaining the order in the first place.

3. Failure to offer an undertaking in damages. The court will almost always require the applicant to give a cross-undertaking in damages as a condition of any interim injunction. Refusing to give one, or failing to offer it proactively, will often result in the application being refused.

4. Failure to comply with the duty of full and frank disclosure on without notice applications. Applicants are under a strict duty to draw the court’s attention to any facts or arguments that weigh against granting the order. Failure to do so is a serious procedural breach that will typically lead to the order being discharged, with adverse costs consequences, even if the application would otherwise have succeeded on the merits.

5. Insufficient evidence of urgency. For without notice applications, you must explain convincingly why notice could not be given. “I did not want to tip them off” is generally insufficient unless you can show that the respondent would take steps specifically to frustrate the order if warned.

6. Vague or unenforceable order terms. Injunctions that say, in effect, “stop behaving badly” will be refused or returned. The order must specify with precision the acts prohibited or required. If the respondent cannot tell from the face of the order exactly what they must or must not do, the order is defective.

7. No underlying proceedings issued or no undertaking to issue. An interim injunction is ancillary relief — it supports existing or proposed substantive proceedings. If you have not yet issued a claim, the court will require an undertaking that you will do so promptly, typically within a specified number of days.

Form N16A and the Civil Procedure Rules

The key rules governing injunction applications are:

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Related Court Forms & Guides

• Form N260: Statement of Costs — the costs schedule used at summary assessment.
• Form N244: Application Notice — the form for interim applications.
• Start a Money Claim Online (OCMC) — where most civil money claims begin.
• Particulars of Claim — setting out the basis of your claim.
• Civil Court Forms Index — every civil court form guide in one place.

Frequently Asked Questions

Q: Can I apply for an injunction without first issuing a claim?
A: Yes, in urgent cases the court has power under CPR r.25.2 to grant an interim remedy before proceedings have been issued. However, the court will require you to give an undertaking to issue proceedings promptly — typically within a period it specifies in the order, often 24 to 48 hours or up to seven days. If you fail to issue, the injunction will usually be discharged.

Q: What is a without notice injunction and when is it appropriate?
A: A without notice (or ex parte) injunction is one granted in the absence of the respondent, without advance notice being given. It is appropriate only where the matter is genuinely urgent and where giving notice would either be impracticable or would enable the respondent to take steps specifically to defeat the order. The court takes without notice applications seriously and imposes a strict duty of full and frank disclosure on the applicant.

Q: What is an undertaking in damages and do I have to give one?
A: An undertaking in damages is a promise to the court that if the injunction is later found to have been wrongly granted, you will compensate the respondent for any loss they suffered because of it. In practice, the court treats it as a near-mandatory condition of any interim injunction. If you are unwilling or financially unable to give such an undertaking, the court may decline to make the order, or may require you to pay money into court instead.

Q: How quickly can I get an injunction?
A: For genuine emergencies, it is possible to obtain a without notice injunction on the day of application. You will need to contact the court as early as possible, explain the urgency, and have your documents ready. The process is faster if you attend in person at the court counter with a complete application bundle. In less urgent cases, on-notice applications are typically listed within one to three weeks depending on the court’s availability.

Q: What happens if the respondent breaches the injunction order?
A: Breach of an injunction is contempt of court. You may apply to commit the respondent for contempt by filing a committal application under CPR r.81. The respondent can face imprisonment, a fine, or sequestration of their assets. The order must have been personally served on the respondent and must contain a penal notice for committal proceedings to be available.

Frequently asked questions

What is Form N16A used for?

Form N16A is the general-purpose application form for most civil injunctions in the county court that do not have their own dedicated form. It formally places your application before the court, telling the court — and, unless you apply without notice, the respondent — exactly what order you seek, on what legal basis, and why.

Is Form N16A enough on its own?

No. The form alone is not sufficient. You must also file a witness statement in support setting out the factual basis in full, plus a draft of the order you are seeking. Practice Direction 25A requires a draft order to accompany every injunction application, and the witness statement is the document the judge reads most carefully.

What is the difference between a with-notice and a without-notice application?

An on-notice application is served on the respondent, who attends the hearing. A without-notice (emergency) application is made where the urgency is such that giving advance notice would defeat the purpose. If a without-notice order is granted, it includes a return date — the respondent’s first opportunity to appear and contest the order’s continuation.

What must the draft order contain?

It should name the parties, set out in clear and precise language the acts the respondent is restrained from doing or required to do, and carry a penal notice on the front page — without a penal notice an interim injunction cannot be enforced by committal for contempt. Where an interim order is sought, the applicant must also offer an undertaking in damages.

What are the most common mistakes on N16A applications?

Filing no draft order (the single most common reason an application is adjourned or refused on paper), omitting the penal notice, failing to offer an undertaking in damages, and — on without-notice applications — failing in the duty of full and frank disclosure to draw the court’s attention to anything that weighs against the order.

What does it cost to apply, and how long do I have to serve?

A court fee is payable on filing — always check the current HMCTS figure (fee guide EX50) before filing, and use Form EX160 if you are applying for fee remission. For on-notice applications, the respondent should normally be served not less than three clear days before the hearing under CPR r.23.7, though the court may abridge this.

Related guides: Form N244 application notice · Form EX160 fee remission · All civil court forms