CA-2024-002323 - [2025] EWCA Civ 1168

The application for an injunction issued under CPR Part 23 (see Appendix §112) and CPR Part 25 (or previously CPR PD25A: see Appendix §113) prior to the issue of a Part 7 or Part 8 claim nonetheless constitutes ‘proceedings’, in respect of which key elements of the CPR apply. Therefore the court has the power to make a range of orders in respect of, and ancillary to, the application before it, including its discharge, and costs.

Further or in the alternative, CPR r.3.10 (see Appendix §108) would also be available to the court in these circumstances (i.e., before any substantive claim form is issued) to ‘remedy’ the ‘error of procedure’ in relation to the specific type of claim form used.

For those reasons, more fully explained below, I would dismiss the appeal.