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Some orders exist to hold a situation still until it can be decided

Interim measures are not early victories; they are provisional steps taken on incomplete evidence to prevent a case from becoming pointless before it is heard.

By Omkar Joshi4 min read

A classic stone courthouse in Nanaimo, British Columbia, with Canadian flag, under clear blue sky.
Photograph by Vlad Vasnetsov via Pexels
General information, not legal advice. This explains how something generally works. Law differs by jurisdiction and turns on the facts of a case, so take advice from a qualified lawyer before acting. How we work.

A judgment that arrives too late is not a remedy

Civil proceedings take time, and some disputes cannot survive it. A building is about to be demolished, assets are being moved beyond reach, confidential material is about to be published, a child is about to be taken abroad. If nothing can be done until trial, the eventual judgment may declare the claimant right about something that can no longer be put right.

Interim measures exist for that gap. They are orders made before the substantive dispute is resolved, on evidence that is necessarily incomplete, designed to preserve a position rather than to determine it. Every legal system has some version, and the vocabulary varies: injunctions, interim relief, provisional or protective measures, conservatory orders.

The tests are demanding, and deliberately so

Because such an order restrains someone before any finding has been made against them, the thresholds are high. Common formulations ask whether there is a serious question to be tried, whether damages would be an adequate remedy if the claimant eventually succeeded, and where the balance of convenience or the risk of harm lies between granting and refusing.

That second question defeats many applications. Where the harm is purely financial and the other party could pay, a court will often say the ordinary process is sufficient and decline to intervene early. Interim relief tends to be reserved for harm that money cannot repair — destruction, disclosure, dissipation, removal — because those are the situations where waiting genuinely destroys the claim.

The obligations run both ways

A party obtaining an interim order is frequently required to give an undertaking to compensate the other side for loss caused if it turns out the order should not have been granted. That is a real exposure and it is one of the main practical brakes on such applications, since it can be substantial where a business has been restrained.

Where an application is made without notifying the other side, which some urgent situations require, most systems impose a strict duty of full and frank disclosure. The applicant must put forward the points against themselves as well as those in their favour, because nobody else is present to make them. Breaching that duty is treated very seriously and can result in the order being discharged regardless of the underlying merits. It is one of the clearest illustrations that procedure is not decoration.

Different measures do different jobs

Some orders prohibit an act; some require one; some freeze assets so a future judgment is not rendered worthless; some preserve evidence or property; some secure a sum pending the outcome. Several systems provide for interim payments where liability is not seriously in doubt, and for orders about how a matter is to be handled while proceedings continue.

Family and housing proceedings have their own interim structures, often the most consequential part of the case in practice, since arrangements put in place provisionally can shape what is eventually treated as workable. Employment and commercial disputes commonly turn on restraining the use of confidential information or the pursuit of clients. The label matters less than the function, which is always to stop the situation from moving while it is examined.

Provisional is not the same as unimportant

The word interim suggests something minor. In reality these applications are often the most intense part of a case: prepared urgently, heard quickly, argued on affidavit or witness statement evidence, and capable of determining what practically happens. Many disputes settle immediately after an interim decision, because it tells both sides something about how their arguments land.

They are also expensive relative to their length, and unsuccessful applications carry costs consequences in systems where costs follow the event. Applying for an urgent order is not a low-risk way of applying pressure; it is a significant step that a court may take a dim view of if it was not genuinely necessary.

Urgency is the reason to get advice immediately

What measures are available, on what test, before which court and with what security requirements differ substantially between jurisdictions, and cross-border situations add a further layer about whether an order made in one place has any effect in another. Nothing here is advice about a real situation, and outcomes turn on facts and local rules an article cannot assess.

The practical point is speed. Delay undermines an application for urgent relief more effectively than almost any argument the other side can make, because a court reasonably asks why the matter was tolerable for months and is unbearable today. If something irreversible is about to happen, contact a qualified lawyer in your own jurisdiction now rather than at the end of the week, and do not take matters into your own hands in the meantime — self-help in these situations frequently converts a claimant into a defendant.

Common questions

Does getting an interim order mean I have won?

No. It is a provisional decision made on incomplete evidence and expressly without determining the dispute. Courts are careful to say so. It may indicate how the arguments are landing, which is why settlements often follow, but the substantive case still has to be established in the ordinary way.

Can an order be made without telling the other side?

In genuinely urgent situations many systems allow it, subject to strict conditions including a duty to disclose the points against you and usually a prompt further hearing at which the other party can be heard. Failing that duty can lead to the order being set aside even where the underlying claim is strong.

What if I cannot afford the undertaking?

That is a real obstacle and it is one of the reasons interim relief is less accessible than it appears. Some systems have alternatives or take means into account in particular categories of case. It is a question to raise with a lawyer at the outset, since it affects whether an application is realistic at all.

Courtsinjunctionscourtsprocedureinterim
Omkar Joshi
Editor, What's Your Case

Omkar has been reporting on consumer, housing, work since long before it was fashionable and is unreasonably interested in the detail nobody else checks.