In short: Form N244A is the application notice used in the county court or High Court to ask for an injunction — an order requiring a party to do something or, more commonly, to stop doing something (such as an interim, prohibitory, mandatory, freezing or search order under CPR Part 25). The form identifies the precise order sought, states the grounds, and is supported by a witness statement; on a without-notice application the applicant owes a duty of full and frank disclosure. eLitigant’s assistant, Chris, drafts your N244A from your own facts — or checks the draft you have written — for £30.

Form N244A: Application for Injunction (2026 Guide)

Form N244A is the application notice used when you are asking the court to grant an injunction — an order requiring a party to do something or, more commonly, to stop doing something. Injunctions are one of the most powerful remedies available in civil litigation. They are governed by CPR Part 25 and carry serious consequences for non-compliance, including committal to prison for contempt of court. Whether you are seeking to prevent a neighbour from continuing a nuisance, stop a former business partner from breaching a restrictive covenant, or freeze assets before they can be dissipated, the injunction application process is procedurally demanding and requires careful preparation.

This guide explains when you need Form N244A, how the different types of injunction work, the critical duty of full and frank disclosure on without-notice applications, and how to complete the form step by step.

When Do You Need Form N244A?

You need Form N244A when you are applying for an injunctive remedy in the county court or the High Court. Common situations include:

• Interim injunction — you need urgent protection while your main case is ongoing. For example, stopping a defendant from selling a property, destroying documents, or continuing harassment before the matter reaches trial.
• Freezing order (formerly Mareva injunction) — you believe the defendant will dissipate their assets to avoid paying a judgment. A freezing order prevents the defendant from dealing with their assets up to a specified value.
• Search order (formerly Anton Piller order) — you believe the defendant will destroy or conceal critical evidence. A search order permits you to enter the defendant’s premises to search for and seize relevant documents or items.
• Prohibitory injunction — an order requiring the defendant to stop doing something (e.g., stop trespassing, stop breaching a contract, stop publishing defamatory material).
• Mandatory injunction — an order requiring the defendant to do something (e.g., remove a structure, return property, restore access). Mandatory injunctions are harder to obtain because they require the defendant to take positive action.
• Without-notice (ex parte) application — where the matter is so urgent that giving the defendant advance notice of the application would defeat its purpose. This is common for freezing orders and cases involving risk of asset dissipation or evidence destruction.

What Form N244A Is Used For

Form N244A is the prescribed form for making an application for an injunction. It sits alongside the general application notice (Form N244) but is specifically designed for injunction applications. The form:

• Identifies the order sought — you must specify precisely what injunction you are asking the court to grant. Vague or overbroad injunctions will be refused or narrowed by the court.
• States the grounds — you must set out the legal and factual basis for the application. This is supported by a witness statement or affidavit filed with the form.
• Triggers the hearing — the court lists the application for hearing before a judge. For without-notice applications, the hearing may take place the same day or the next business day.
• Engages the duty of full and frank disclosure — on without-notice applications, the applicant has a duty to disclose all material facts to the court, including facts that are adverse to their own case. This is one of the most important obligations in civil litigation and breach of it can result in the injunction being discharged.

Types of Injunction: Key Distinctions

Interim vs Final Injunctions

An interim injunction is a temporary order made before trial to preserve the position of the parties pending final determination of the dispute. A final injunction is granted at trial as part of the court’s judgment and is permanent (unless varied or discharged).

Most applications on Form N244A are for interim injunctions. The test for granting an interim injunction is set out in the leading case of American Cyanamid Co v Ethicon Ltd [1975]:

1. Is there a serious question to be tried?
2. Would damages be an adequate remedy for the applicant if the injunction is refused and the applicant succeeds at trial?
3. Would damages be an adequate remedy for the respondent if the injunction is granted and the respondent succeeds at trial (the cross-undertaking in damages)?
4. Where does the balance of convenience lie?

If damages would not be adequate for either side, the court considers the balance of convenience — which party would suffer greater prejudice if the injunction is granted or refused.

Without-Notice Applications

A without-notice (formerly ex parte) application is one made without giving the respondent advance notice. The court will only hear a without-notice application if:

• The matter is genuinely urgent and delay would cause irreparable harm.
• Giving notice would defeat the purpose of the application (e.g., the respondent would dissipate assets or destroy evidence).
• There is good reason to depart from the general rule that all parties should have the opportunity to be heard.

The duty of full and frank disclosure on without-notice applications cannot be overstated. Because the respondent is not present to put their side of the case, the applicant must do so. This means:

• You must disclose all material facts known to you, including those that are adverse to your application.
• You must draw the court’s attention to any points the respondent would likely raise if they were present.
• You must disclose any weaknesses in your case.
• You must inform the court of any previous applications that have been made (and refused) in relation to the same matter.

Failure to comply with this duty is treated extremely seriously. If the court later discovers that you failed to make full and frank disclosure, the injunction will almost certainly be discharged — even if the underlying merits of your case are strong. The leading authorities on this obligation include R v Kensington Income Tax Commissioners, ex parte Princess Edmond de Polignac [1917] and Brink’s Mat Ltd v Elcombe [1988], which establish that the duty extends to disclosing facts the applicant would have discovered with reasonable enquiries.

Freezing Orders

A freezing order prevents the respondent from dealing with their assets (or reducing them below a specified value) pending trial. The applicant must demonstrate:

• A good arguable case on the merits.
• A real risk that the respondent will dissipate assets to defeat a judgment.
• That it is just and convenient to grant the order.

Freezing orders must be drafted with precision and normally contain standard provisions including:
– The maximum value of assets frozen.
– Provision for the respondent to spend reasonable amounts on living expenses and legal fees.
– A return date (a hearing date at which the respondent can challenge the order).
– The applicant’s cross-undertaking in damages.

Cross-Undertaking in Damages

When seeking an interim injunction, you will almost always be required to give a cross-undertaking in damages. This is a promise to the court that if the injunction is later found to have been wrongly granted (because you lose at trial), you will compensate the respondent for any loss caused by the injunction.

The court will assess whether you have the financial means to honour this undertaking. If you do not, the court may refuse the injunction. For a litigant in person with limited means, this is a significant practical barrier to obtaining an interim injunction.

How to Complete Form N244A: Step by Step

1. Heading and Case Details

Enter the claim number (if proceedings have already been issued), the names of the parties, and the court in which you are making the application. If you are applying for an injunction before issuing a claim (which is permitted in urgent cases under CPR r.25.2(1)), state that no proceedings have yet been issued and explain why.

2. The Order You Are Seeking

This is the most important section. You must specify precisely what order you want the court to make. Draft the terms of the injunction with care:

• Be specific about what the respondent must do or refrain from doing.
• Identify the respondent by name.
• Specify the duration of the order (e.g., “until trial or further order”).
• If seeking a freezing order, specify the maximum value of assets to be frozen.

Vague injunctions are unenforceable. The respondent must be able to understand exactly what they are and are not permitted to do. An order that says “the defendant must not act unreasonably” is too vague. An order that says “the defendant must not enter the property at 14 High Street, Nottingham, NG1 1AA” is specific and enforceable.

3. Grounds for the Application

Set out the legal and factual basis for the application in summary form. The detail goes in your supporting witness statement, but the form should state:

• The legal right you are seeking to protect (e.g., contractual right, property right, right under statute).
• The conduct of the respondent that you are seeking to restrain or require.
• Why an injunction is necessary (i.e., why damages would not be an adequate remedy).
• If the application is without notice, why notice has not been given.

4. Supporting Evidence

You must file a witness statement (or in the High Court, an affidavit) in support of the application. The witness statement should:

• Set out the facts in full, in chronological order.
• Exhibit all relevant documents (correspondence, contracts, photographs, etc.).
• Address the American Cyanamid test: serious question to be tried, adequacy of damages, balance of convenience.
• If without notice: comply with the duty of full and frank disclosure by identifying all material facts, including adverse ones.
• Address the cross-undertaking in damages: confirm that you are able and willing to give the undertaking and provide evidence of your financial means.

5. Service and Notice

If you are making the application on notice, you must serve the application notice, the supporting witness statement, and a draft of the proposed order on the respondent. Under CPR r.23.7, an application must normally be served at least three clear days before the hearing.

If you are making a without-notice application, you must explain on the form why notice has not been given and must undertake to serve the papers on the respondent as soon as practicable after the order is made. The court will fix a return date at which the respondent can attend and argue that the order should be varied or discharged.

6. Draft Order

Prepare a draft of the order you are asking the court to make. This should be a separate document attached to the application. For freezing orders and search orders, the court expects you to use the standard form orders annexed to Practice Direction 25A. Departures from the standard form must be justified.

7. Fee

The court fee for an application on notice is currently £313. For an application by consent or without notice, the fee is £123, per the HMCTS civil court fee list (EX50), current at June 2026. Use the Quick Enquiry form below — we reply within one working day.

8. Statement of Truth and Signature

Sign and date the form. The statement of truth applies to the contents of the application notice. Your supporting witness statement will have its own statement of truth.

Key Deadlines

What Happens After the Application

On-notice application — the court lists a hearing. Both parties attend. The judge hears argument and either grants or refuses the injunction. If granted, the order is drawn up and served on the respondent. Breach of the order is a contempt of court.

Without-notice application — the judge hears the application in the respondent’s absence. If satisfied that the criteria are met and that the duty of full and frank disclosure has been complied with, the judge grants the order. The order must include a return date at which the respondent can attend and argue for discharge or variation. You must serve the order, the application, and all supporting evidence on the respondent promptly.

Return date hearing — at the return date, the respondent can argue that the injunction should be discharged (cancelled) or varied. The court will reconsider the application with the benefit of both sides’ arguments. If the respondent demonstrates that the applicant failed in their duty of full and frank disclosure, the court will discharge the injunction — even if the underlying case has merit.

Enforcement — breach of an injunction is a contempt of court and can be punished by a fine, sequestration of assets, or imprisonment. Before you can enforce the injunction by committal proceedings, the order must contain a penal notice warning the respondent that breach may result in imprisonment. Under CPR Part 81, committal proceedings have their own procedural requirements and are quasi-criminal in nature.

Common Mistakes

1. Failing to Make Full and Frank Disclosure

This is the single most common and most damaging mistake on without-notice applications. If you conceal or fail to mention facts adverse to your case, the court will discharge the injunction when the omission comes to light. The court expects you to be the respondent’s advocate as well as your own when the respondent is not present. This includes disclosing weaknesses in your evidence, alternative explanations for the respondent’s conduct, and any previous unsuccessful applications.

2. Drafting a Vague Injunction

An injunction must be clear and specific so that the respondent knows exactly what they must or must not do. If the terms are vague, the order may be unenforceable, and the respondent can argue at any committal hearing that they did not understand what was prohibited.

3. Not Addressing the Cross-Undertaking in Damages

If you cannot demonstrate that you have the financial means to compensate the respondent for losses caused by a wrongly granted injunction, the court will refuse the application. Address this point expressly in your witness statement. If you have limited means, acknowledge this and explain why the court should still grant the order.

4. Applying Without Notice When Notice Is Possible

The court disfavours without-notice applications. If there is time to give the respondent notice, you should do so. Applying without notice when notice was possible undermines your credibility and may result in costs being awarded against you even if the injunction is granted.

5. Missing the Penal Notice

For the injunction to be enforceable by committal proceedings, the order must contain a penal notice. If the order is served without a penal notice, you cannot proceed with committal for breach until a corrected order is served. This causes delay and may allow the respondent to breach the order with temporary impunity.

6. Not Having a Return Date

Without-notice orders must include a return date. If the order does not fix a return date, the respondent can apply to have it set aside on the basis of procedural unfairness. The court will almost always fix a return date of its own motion, but you should include provision for it in your draft order.

7. Delaying Service After a Without-Notice Order

Once a without-notice order is made, you must serve it on the respondent promptly. The respondent cannot comply with an order they have not seen. Delay in service can result in the order being discharged and costs being awarded against you.

The Rules That Apply

• CPR Part 25 — interim remedies and security for costs. CPR r.25.1 lists the interim remedies the court can grant, including injunctions, freezing orders, and search orders.
• CPR r.25.2 — the time at which an interim remedy may be granted, including before proceedings are issued.
• CPR r.25.3 — the requirement for evidence in support of an application for an interim remedy.
• Practice Direction 25A — provides detailed guidance on interim injunctions, including standard form orders for freezing injunctions and search orders.
• CPR Part 23 — the general rules on applications, including service requirements and the three-clear-day rule.
• CPR Part 81 — contempt of court. Governs committal proceedings for breach of a court order.
• CPR r.22.1 — statement of truth requirements.
• American Cyanamid Co v Ethicon Ltd [1975] AC 396 — the leading case on the test for interim injunctions.
• Brink’s Mat Ltd v Elcombe [1988] 1 WLR 1350 — duty of full and frank disclosure on without-notice applications.
• Practice Direction on Pre-Action Conduct — while urgency may justify dispensing with pre-action steps, the court will consider whether the applicant made reasonable efforts to resolve the matter before applying for injunctive relief.

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.

How Chris Can Help

Injunction applications are among the most procedurally demanding applications in civil litigation. The drafting must be precise, the evidence must be comprehensive, and the duty of full and frank disclosure on without-notice applications leaves no room for error. A poorly drafted application wastes the court’s time, your court fee, and may damage your credibility for any future application.

Chris can draft your application notice, prepare your supporting witness statement (including full and frank disclosure for without-notice applications), draft the proposed order in the standard form required by Practice Direction 25A, and guide you through the hearing process. If you are considering a freezing order or search order, specialist assistance is particularly important given the severity of these remedies and the strict procedural requirements that attach to them.

Start My Case — £30 · For injunction applications involving freezing orders, search orders, or complex without-notice hearings, ask about our Hybrid tier for barrister-grade drafting and comprehensive case support.

Frequently Asked Questions

Q: Can I apply for an injunction before issuing a claim?

A: Yes. Under CPR r.25.2(1), the court can grant an interim remedy before a claim form is issued if the matter is urgent. However, the court will normally require you to issue proceedings within a short period (often 7 days) and will make the order conditional on you doing so. If you fail to issue proceedings, the injunction will lapse.

Q: What does the duty of full and frank disclosure require on a without-notice application?

A: You must disclose all material facts to the court, including facts that are adverse to your application. This means telling the court about weaknesses in your evidence, arguments the respondent would likely raise, any previous applications you have made, and any conduct on your part that might affect the court’s decision. The duty extends to facts you would have discovered with reasonable enquiries. Failure to comply will result in the injunction being discharged.

Q: What is a cross-undertaking in damages?

A: It 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 losses caused by the injunction. The court assesses whether you have the financial means to honour this promise. If you do not, the court may refuse the injunction. This is a significant practical consideration for litigants in person with limited resources.

Q: What happens if the respondent breaches the injunction?

A: Breach of an injunction is a contempt of court. You can bring committal proceedings under CPR Part 81. If the court finds the respondent in contempt, it can impose a fine, sequester assets, or imprison the respondent. The order must contain a penal notice warning of these consequences, and committal proceedings are quasi-criminal with a higher standard of proof (beyond reasonable doubt for the breach itself).

Q: How much does an injunction application cost?

A: The court fee for an application on notice is currently £313. For an application by consent or without notice, the fee is £123. You may also need to pay for evidence preparation, travel to court, and potentially the cost of serving the application. Use the Quick Enquiry form below — we reply within one working day.

Q: Can a litigant in person realistically obtain an injunction?

A: Yes, but it requires thorough preparation. The court will make allowances for litigants in person in terms of courtroom procedure, but the substantive legal test and procedural requirements are the same whether you are represented or not. The evidence must be comprehensive, the draft order must be properly formulated, and the duty of full and frank disclosure (on without-notice applications) must be fully met. Chris can help you prepare the application to the standard the court expects.

Frequently asked questions

When do I need Form N244A?

You need Form N244A when you are applying for an injunctive remedy in the county court or the High Court — for example an interim injunction to preserve the position before trial, a prohibitory injunction to stop someone doing something, a mandatory injunction requiring positive action, a freezing order to prevent dissipation of assets, or a search order to preserve evidence.

What is the difference between an interim and a final injunction?

An interim injunction is a temporary order made before trial to preserve the position of the parties pending final determination of the dispute. A final injunction is granted at trial as part of the court’s judgment and is permanent unless varied or discharged. Most applications on Form N244A are for interim injunctions.

What test does the court apply to an interim injunction?

The guide explains the court applies the American Cyanamid approach: is there a serious question to be tried; would damages be an adequate remedy for the applicant; would damages be an adequate remedy for the respondent; and where does the balance of convenience lie. Your supporting witness statement should address each of these.

What is a without-notice application and the duty of full and frank disclosure?

A without-notice application is made without giving the respondent advance notice, where the matter is genuinely urgent and giving notice would defeat its purpose. Because the respondent is not present, the applicant must disclose all material facts — including those adverse to their own case. Failing this duty is treated extremely seriously and the injunction will almost certainly be discharged.

What is a cross-undertaking in damages?

When seeking an interim injunction you will almost always be required to give a cross-undertaking in damages — a promise to compensate the respondent if the injunction is later found to have been wrongly granted. The court will consider whether you have the financial means to honour it, which can be a practical barrier for a litigant in person with limited means.

What does it cost to apply, and what does eLitigant charge?

The page sets out the current HMCTS court fees for an application on notice and for an application by consent or without notice — always check the current figure for your situation before filing. Separately, eLitigant charges £30 for a day’s access in which Chris drafts your N244A from your facts, or checks the draft you have written.

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