Costs on interim, freezing and anti-suit injunctions: principles, departures and recent case law (England and Wales)
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Practice notes
This Practice Note explores the position on costs following an application for an interim injunction, the courts’ usual approach, and when the court may depart from that stance. It also addresses how the court deals with recovery of costs on freezing injunction applications and the making of costs orders on anti-suit injunctions.
Costs orders following applications for interim injunctions
An applicant who secures an interim injunction might reasonably expect the court to direct the respondent to pay the application costs. However, in Desquenne et Giral v Richardson (1999), the Court of Appeal determined that where relief is granted (or agreed by consent) on the balance of convenience, costs will ordinarily be reserved until trial of the substantive issues.
The reason is that, at the interim stage, there is no clear successful or unsuccessful party, so the general rule that the losing party pays the winner’s costs (CPR 44.2(2)) does not bite.
In Digby v Melford Capital Partners (Holdings) LLP (2020), the Court of Appeal endorsed this position, holding that CPR 44.2(2) cannot be applied directly to interim injunction...
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Web page updated on 21/05/2026
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