Do injunction orders have to be served personally on defendants?

Earlier this year, Nicklin J considered whether an injunction order had to be served personally upon a defendant who had legal representation, in light of the provisions of Part 81 of the Civil Procedure Rules which came into force in October 2020.

No judge had previously considered the point, and in this case, the claimants wished to enforce the injunction order, with the defendant resisting on the basis that he had not been personally served with the order. The claimant had only sent the order to the defendant's lawyers. 

It was argued by the claimant that CPR 81 included no obligation for them to personally serve the injunction order on the defendant, rather than on his solicitors. Nicklin J agreed that there was no express provision in Part 81, but he found that unless the court had permitted the claimant to serve the defendant with the order by a different method (i.e. upon lawyers), personal service was still required.

The judge therefore concluded that serving the injunction order upon a defendant's lawyers was not good service and he refused an application from the claimant to dispense with service entirely, or to serve on the defendant's solicitors. 

The reasoning behind this was because when a defendant breaches an injunction, the claimant has to declare to the court in their contempt application that the injunction order has been personally served on the defendant, and they have to confirm the date of service. In this case, the claimant would have been able to declare neither to the court. 

If you need to obtain an injunction against an opponent, either to force them to do something, or to prevent them from doing something which is causing you harm, it is important that you take legal advice as quickly as possible. Injunctions are complex and expert advice is required. This case demonstrates that the rules need to be understood, to ensure that your injunction can be enforced if necessary. 

If you need advice about an injunction, contact us today and speak to an expert litigation solicitor about how we can help.