Form N16A: Apply for a County Court Injunction

At a glance

• Form N16A is the application notice you file to ask the court to grant an injunction — it is not the order itself.
• Form N16 is the general form of injunction (the court order). You draft the N16 in the terms you seek and file it with your N16A application; the court seals it if the application succeeds.
• Governing rules: CPR Part 25, Section II (rules 25.5–25.11) — Interim Injunctions.
• Statutory power (county court): section 38 of the County Courts Act 1984; in the High Court, section 37 of the Senior Courts Act 1981.
• Court fee to issue a non-money injunction claim (county court): currently £377 (EX50, fee 1.5). For an application within existing proceedings: £313 on notice; £123 without notice or by consent (EX50, fee 2.4). Always verify at GOV.UK court fees before filing.
• Cross-undertaking in damages: required in almost every interim application (CPR r.25.9(3)(a)) — the applicant undertakes to compensate the respondent if the order turns out to have been wrongly granted.
• Without-notice applications can be heard urgently but carry strict obligations: a return date in the order, prompt service of papers on the respondent, and a duty of full and frank disclosure.
• Breach of an injunction is contempt of court and can lead to a fine or imprisonment — but only where the order has been properly served and carries a penal notice.

What Form N16A is — and what it is not

Form N16A is the application notice you complete and file with the court when you want a judge to grant an injunction in a civil or commercial matter in England and Wales. It is published by HM Courts and Tribunals Service and is available on GOV.UK.

N16A (application) versus N16 (order): the distinction that matters

The HMCTS county court forms collection lists two related forms:

• Form N16A — "Application for Injunction (General form)" — this is what you file.
• Form N16 — "General form of injunction for interim application or originating application" — this is the court order template.

When you make an injunction application, you use N16A to apply. You also prepare a draft order in the N16 format (or in the terms you seek if the standard form needs adaptation) and file it alongside the application. Under CPR rule 25.6(4), applicants must wherever possible file a draft order with the application notice and provide an electronic version for the court. If the judge grants relief, the court seals a version of the draft order — that becomes the binding injunction.

Confusing the two can lead to filing delays. The form you complete and pay for is N16A. The N16-style draft order is a supporting document, not a form you pay to file separately.

When N16A is the right form

N16A covers general civil injunction applications — it is used across:

• breach of contract and restrictive covenant claims
• interference with property or land rights
• misuse of confidential information and trade secrets
• civil harassment in a commercial or non-domestic context (Protection from Harassment Act 1997 claims outside the family courts)
• intellectual property infringement
• company law and shareholder disputes
• various other civil and commercial matters

Specialist forms exist for specific contexts. Anti-social behaviour injunctions under the Anti-Social Behaviour, Crime and Policing Act 2014 use their own forms. Domestic abuse injunctions and occupation orders in family proceedings use different family court forms. Housing-related injunctions in social landlord cases have their own procedure. Before completing N16A, confirm that your matter falls within its general civil scope rather than being covered by a specialist scheme.

The statutory basis: where the court's power comes from

The county court's power to grant injunctions comes from section 38 of the County Courts Act 1984, which gives the county court the same power as the High Court to grant an injunction in any case where it appears just and convenient to do so. The High Court's equivalent power is in section 37 of the Senior Courts Act 1981.

Both provisions are broad: they allow injunctions to be granted whether the relief is interlocutory (interim, pending trial) or final, and whether or not the court has been asked for a final injunction. It is this breadth that makes injunctions such a flexible remedy — but the court's discretion must be exercised judicially, and the rules in CPR Part 25 govern the procedure for all interim applications.

The CPR Part 25 framework for interim injunctions

CPR Part 25, Section II (rules 25.5 to 25.11) sets out the detailed rules that govern all interim injunction applications. Understanding this framework is essential before completing the N16A form.

Rule 25.5 — who can grant an interim injunction

In the county court, any judge with jurisdiction to conduct the trial may grant an interim injunction. District Judges can grant interim injunctions by consent, or in connection with charging orders and receivers, or to support execution of judgments. For other contested applications, a Circuit Judge will typically hear the matter.

Rule 25.6 — the application notice requirements

The N16A application notice must state the order sought. It must be served on the respondent — together with the evidence in support, the draft order, and notice of the hearing date, time and place — not less than three clear days before the hearing (CPR r.25.6(2)), unless the application is made without notice. Filing a draft of the order and providing an electronic version to the court is required wherever possible (CPR r.25.6(4)).

Rule 25.7 — the evidence

An interim injunction application must be supported by evidence (CPR r.25.3(1)). The evidence is normally a witness statement verified by a statement of truth, setting out the background, the conduct complained of, why an injunction is needed rather than damages alone, and the facts supporting urgency where relevant. The evidence must set out all relevant facts (CPR r.25.7(2)).

The statement of truth is not a formality. A false statement in evidence supporting an injunction application can be the foundation for contempt proceedings against the deponent.

Rule 25.8 — without-notice applications

Applications made without giving notice to the respondent (sometimes still called ex parte applications) are governed by CPR r.25.8. The court can grant such an application where there are good reasons for not giving notice (CPR r.25.3(2)) — typically:

• giving advance notice would enable the respondent to destroy evidence, dissipate assets, or take other steps that would defeat the purpose of the order
• the situation is so urgent that there is no time to serve notice before the harm crystallises
• exceptional circumstances make it appropriate

Without-notice applications carry significant procedural obligations:

• The evidence must specifically state the reasons why notice has not been given (CPR r.25.3(3)).
• The applicant owes the court a duty of full and frank disclosure — all material facts, including those that might tell against the application, must be disclosed. Failing to disclose a material fact can lead to the order being discharged.
• Wherever possible, even without formal service, the applicant should notify the respondent of the application unless secrecy is essential (CPR r.25.8(1)(c)).
• The applicant must take or arrange a note of the hearing and serve it on the respondent.

Rule 25.9 — the form of the order and the cross-undertaking in damages

An interim injunction order must state clearly what the respondent must do or must not do (CPR r.25.9(1)). Vague or ambiguous drafting is one of the most common reasons injunctions fail in enforcement — the respondent must be able to know precisely what is required.

Unless the court orders otherwise, the order must contain (CPR r.25.9(3)):

• A cross-undertaking in damages — an undertaking by the applicant to pay any damages the respondent sustains which the court considers the applicant should pay, if the injunction turns out to have been wrongly granted. This is near-universal in interim applications and is not optional without a specific court direction.
• If made without notice, an undertaking to serve the application papers, evidence, and hearing note on the respondent as soon as practicable.
• If made without notice, a return date — a listed hearing date at which the respondent can attend and challenge the order with notice.
• If made before the claim form is issued, an undertaking to file and pay the fee on the same or next working day.

How a judge decides: the American Cyanamid framework

On an interim injunction application, the court applies the analytical framework established by the House of Lords in American Cyanamid Co v Ethicon Ltd [1975] AC 396. The court does not conduct a full trial of the merits at the interim stage. Instead, it works through a sequence of questions:

1. Is there a serious question to be tried? The applicant must show a real (not fanciful) prospect of success at trial. This is a relatively low threshold.
2. Would damages be an adequate remedy for the applicant if no injunction is granted and they win at trial? If damages would compensate the applicant fully, an injunction will usually be refused.
3. If damages would not adequately compensate the applicant, would the cross-undertaking in damages adequately compensate the respondent if an injunction is granted but later proves to have been wrong?
4. The balance of convenience — if both parties face uncertainty about compensation, the court looks at the overall justice of the situation: which way does the balance of convenience lie? Which party is better able to absorb the consequences of the order or its refusal?

This framework means the strength of the applicant's legal case is not usually the primary consideration at the interim stage. An applicant with a strong case but adequate damages remedy may still be refused; an applicant with a modest merits case but irreparable harm may succeed.

Mandatory injunctions (requiring positive action rather than restraint) are treated with greater caution and are sometimes assessed against a higher standard: whether the applicant would be likely to succeed at trial. Courts are more reluctant to compel a party to act than to prohibit conduct.

Freedom of expression cases are subject to additional requirements under section 12 of the Human Rights Act 1998. Where the relief sought might affect the Convention right to freedom of expression, the court must have particular regard to the importance of that right and — in relation to publication — must not grant pre-trial restraint unless satisfied the applicant is likely to establish at trial that publication should not be allowed (s.12(3)). Applications in privacy and media cases require specific attention to these provisions.

Court fees for injunction applications

Fees were verified against the EX50 schedule (last updated 8 April 2025; re-verified for this guide June 2026).

| Scenario | Current fee | |---|---| | Issue a non-money claim (county court) where injunction is the primary relief — fees order 1.5 | £377 | | Issue a non-money claim (High Court) — fees order 1.5 | £646 | | Application on notice within existing proceedings — fees order 2.4 | £313 | | Application without notice or by consent within existing proceedings — fees order 2.4 | £123 | | Application to vary or extend a harassment or violence injunction — fees order 2.4 | £61 |

These figures are correct as at June 2026 but fees are subject to change. Always verify the current amount at GOV.UK court fees (EX50) before filing. If you have limited means, you may be able to apply for Help with Fees (form EX160), which can reduce or waive the court fee depending on your income and savings.

Preparing your N16A application: a step-by-step overview

Step 1 — Confirm N16A is the correct form

Verify your matter falls within the general civil scope of N16A and is not covered by a specialist procedure (family, housing anti-social behaviour, domestic abuse, employment). Download the current N16A form from GOV.UK. Confirm which court — county court or High Court — has jurisdiction over the underlying claim.

Step 2 — Identify the legal basis

You must state the legal basis for your application. This might be:

• a cause of action in tort (nuisance, trespass, passing off, misuse of private information)
• a claim in contract (enforcement of a restrictive covenant or confidentiality obligation)
• a statutory cause of action (for example, under the Protection from Harassment Act 1997 in non-domestic contexts, or intellectual property legislation)
• equitable grounds (breach of confidence)

The N16A asks you to identify the claim or application to which the injunction application relates and to state the grounds. A vague grounds section weakens the application.

Step 3 — Draft the terms of the injunction precisely

This is the most important drafting task. The order must be clear enough that the respondent knows exactly what is required, and a court asked to enforce for breach can determine without ambiguity whether there has been one.

Consider:

• Mandatory or prohibitory? Mandatory orders (requiring action) carry a higher threshold and should be specifically justified.
• Interim or final? N16A is typically used for interim relief pending trial. Final injunctions are granted at trial after the merits are determined.
• Duration and geographic scope — does the order need a time limit or a geographic restriction to be proportionate?
• Parties bound — the order binds the named respondent; binding third parties requires separate applications under CPR r.25.11.

Draft the order in the form and terms you seek, ready to file as the draft order alongside the N16A (CPR r.25.6(4)).

Step 4 — Prepare your witness statement

The witness statement must:

• Set out the full factual background and the conduct you complain of
• Exhibit any documentary evidence (contracts, correspondence, screenshots, photographs)
• Explain why damages would not adequately compensate you — this is critical to satisfying the American Cyanamid framework
• If applying without notice, explain fully why notice has not been given and why secrecy is or is not required
• Address the cross-undertaking in damages — whether you can meet it if required

Sign it with a statement of truth in the form required by CPR Part 22.

Step 5 — File the application and pay the fee

File the completed N16A, your witness statement, exhibits, and draft order at the appropriate court. Pay the court fee. The court will list the matter for hearing and give you a hearing date.

If the application is urgent and without notice, follow the procedure in CPR r.25.8: file at least two hours before the hearing wherever possible, or present the draft order at the hearing if the application notice has not yet been issued (filing it on the same or next working day).

Step 6 — Attend the hearing and comply with any order

On a with-notice application, both parties attend. On a without-notice application, only the applicant attends initially, but the order will contain a return date for the respondent to challenge it. If an order is made, serve it on the respondent promptly together with all required documents. Ensure the order carries a penal notice in the prescribed form if enforcement by contempt is to remain available.

What happens if the injunction is breached

An injunction creates a direct obligation between the court and the respondent. Breach is contempt of court under the inherent jurisdiction and the Contempt of Court Act 1981. The consequences can include a fine, sequestration of the respondent's assets, and — in serious or repeated cases — committal to prison.

Before any contempt application can succeed, the following must be established:

• The respondent was served with the order personally (personal service is generally required for injunctions, not just deemed service)
• The order carries a penal notice — a formal warning in the terms prescribed by CPR Practice Direction 81 that breach may result in imprisonment
• The breach is proved to the criminal standard (beyond reasonable doubt)
• The respondent was aware of the terms of the order at the time of the breach

These requirements are not technicalities — courts have dismissed contempt applications where service was defective or the penal notice was absent even where the breach itself was clear.

This guide is general information only

This guide explains how Form N16A works and the CPR Part 25 framework that governs interim injunction applications in England and Wales. It is prepared for general informational purposes and is not legal advice on your specific situation. Injunctions are complex, fact-sensitive remedies with significant procedural and financial risks for the applicant. If you are considering applying — or if you have been served with an injunction application — speaking with a legal adviser who can assess your specific circumstances is strongly recommended.

Law described was accurate as at June 2026 and is subject to change. Last reviewed: June 2026.