Section 98 — Credit Contracts and Consumer Finance Act 2003: Interim injunction

98 Interim injunction (1) This section applies if an application is made to the Court for the grant of an interim injunction under section 96 restraining a person from engaging in conduct of a particular kind. (2) The Court may grant an interim injunction if the Court is satisfied that it is desirable to do so,— (a) whether or not the person has previously engaged in conduct of that kind; and (b) whether or not there is an imminent danger of substantial damage to any person if that person engages in conduct of that kind. (3) If the Commission applies to the Court for the grant of an interim injunction, the Court must not, as a condition of granting an interim injunction, require the Commission to give an undertaking as to damages. (4) However, in determining the Commission's application for the grant of an interim injunction, the Court must not take into account that the Commission is not required to give an undertaking as to damages. Compare: 1986 No 121 s 41(3) , (4) ; 1986 No 5 s 88A