ABSTRACT
A defendant who seeks discharge of an interlocutory injunction must apply on notice by summons, or under CPR r 11.16, to a High Court judge, who may be the same judge who granted the injunction. Discharge may be ordered on any of the following grounds: (a) material non-disclosure on an ex parte application;90
(b) plaintiff’s non-observance of the terms of the grant of the injunction; (c) material change in circumstances since the grant; (d) the facts do not justify the grant; (e) plaintiff’s failure to prosecute the substantive claim sufficiently expeditiously; or (f) the effect of the injunction is oppressive, or interferes with the rights of third
parties.91
