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Order requiring a person to abstain from doing an act

An order requiring a person to abstain from doing an act may be enforced through committal proceedings or sequestration of assets even if the injunction has not been personally served on that person so long as the court is satisfied that pending such service that person had notice of the order because they were present when the order was made, or were notified of the terms of the order by another method such as telephone or telegram (RSC Ord 45 r 7(6) and CCR Ord 29 r 1(6)). Again, in any event, the court can dispense with service of a copy of the order (RSC Ord 45 r 7(7) and CCR Ord 29 r 1(7)).

The injunction must also carry a penal notice prominently displayed on the front of the copy of the order. A penal notice is a warning to the person on whom the copy is served that disobedience to the order is a contempt of court punishable by imprisonment. In the case of a body corporate, the warning is in terms that the assets of the body corporate may be subject to sequestration and any individual director responsible may be imprisoned (RSC Ord 45 r 7(4)).