Injunctions

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Bankruptcy petitions—process and procedure

Before the hearing of the creditors’ bankruptcy petition takes place, there are a number of steps that must be taken to comply with the procedural

Brexit legislation tracker

This Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the UK’s withdrawal from the

Business and Property Courts—the disclosure pilot scheme

IntroductionThis Practice Note considers the disclosure pilot scheme which applies across the Business and Property Courts as of 1 January 2019. The

Arbitration—an introduction to the key features of arbitration

This Practice Note provides an introduction to arbitration and its key features, with a particular focus on arbitration under the law of England and

Practice notes

Claim form—the contents

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners when determining whether a claim form...

21st Oct

Practice notes

Claiming interest

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

20th Oct

In-house

Practice notes

Termination for breach of contract

The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...

19th Oct

In-house

Practice notes

Damages in tort claims—recovery and assessment

This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...

Produced in partnership with Lina Mattsson of Hardwicke Chambers 1st Oct

Practice notes

CPR Part 8 claims (alternative procedure for claims)

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

30th Sep

Practice notes

Tomlin orders

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR...

28th Sep

Practice notes

Nuisance—establishing a claim for private nuisance

Private nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land,...

26th Sep

In-house

Practice notes

Privilege—loss or waiver of privilege

This Practice Note looks at loss of privilege in civil litigation in the context of legal professional privilege (LPP) and in particular considers the...

26th Sep

In-house

Practice notes

Promissory estoppel

For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note:...

26th Sep

Practice notes

Amending a statement of case

This Practice Note is a useful guide when considering whether you can amend a claim form, amend a defence or amend a different form of...

25th Sep

Practice notes

The doctrine of res judicata

What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which...

25th Sep

In-house

Practice notes

The remedy of damages—general principles

What are damages?The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a claimant who has suffered loss or damage...

25th Sep

Practice notes

Rescission of a contract

What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in...

25th Sep

In-house

Practice notes

Privilege—general principles

This Practice Note considers the general principles, meaning and rationale behind privilege. It identifies the different types of privilege, including...

25th Sep

In-house

Practice notes

Interim injunctions—guiding principles

What are interim injunctions? An injunction is a discretionary remedy that takes the form of a court order and which requires a party...

25th Sep

In-house

Practice notes

Limitation—the principal limitation periods

The principal limitation periodsThe following table includes the principal types of action and details the number of years within which such a claim...

25th Sep

COVID-19

In-house

Most recent Injunctions content

Practice notes

Freezing injunctions—ancillary orders

What are ancillary orders?Ancillary orders are made in support of a freezing injunction generally with a view to ensuring better enforcement and/or...

26th Sep

Practice notes

Injunctions—jurisdiction

Coronavirus (COVID-19): The guidance in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have...

26th Sep

Practice notes

Quia timet injunctions

What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see...

26th Sep

Practice notes

Interim injunctions—variation and discharge

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

26th Sep

Practice notes

Search orders—guiding principles

This Practice Note explains what a search order is (also known as an Anton Piller order, following the case Anton Piller v Manufacturing Processes),...

26th Sep

Practice notes

Search orders—key and illustrative decisions

The Practice Note: Search orders—guiding principles explains the five conditions that must be satisfied before a court will grant a search order.Set...

26th Sep

Precedents

Drafting note for application notice for a search order

General pointsAn application for a search order should be made using Form N244 (or Form N244(CC) if in the Commercial Court), see:•Application notice...

26th Sep

Precedents

Freezing injunction—for use in the Commercial Court

The following form of order is replicated from the form of freezing order found at Appendix 11 to the Commercial Court Guide (formerly Appendix...

26th Sep

Practice notes

Freezing injunctions—introduction

This Practice Note provides a general introduction to freezing injunctions. For further information and links to related content, see: Freezing...

26th Sep

Practice notes

Interim injunctions—cross-undertakings in damages

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

28th Sep

Q&As

Can you obtain a freezing injunction after judgment and is the process different to a pre-judgment application for one?

The requirements for a freezing order are set out in Practice Note: Freezing injunctions—requirements, these are:•the cause of action against the...

28th Sep

Q&As

A party is attempting to obtain an order that a mechanic return a vehicle. The material facts are not in dispute, however, the mechanic has ignored all requests to return the vehicle. Where the party considers injunctive proceedings to be necessary, is Form N16A the correct form to use to begin court proceedings seeking this order?

Generally, when applying for an interim injunction, which form needs to be used will depend on where the application is brought. Forms N16, N16(1) and...

28th Sep

Q&As

In a dispute about monies owed, where party A has taken lien over the property of party B, can party B issue proceedings and pay money into the court to secure the property?

A particular lien at common law is the right to retain goods for which charges have been incurred until those charges have been paid. If the owner of...

28th Sep

Q&As

In what circumstances can the beneficiary of an indemnity (the indemnified) party seek an order requiring the indemnifying party to set aside a fund out of which the indemnifying party’s liability may be met?

Quia timet injunctionThe court can grant an injunction on a quia timet basis if there is a clear evidence that the respondent threatens or intends to...

28th Sep

Q&As

An individual has given an undertaking to the court not to dissipate his assets. He intends to purchase a new house in joint names with his wife, to be funded through selling his own house and through funds which are the subject of the litigation. Could this be considered a dissipation of his assets? Is there guidance on what in particular constitutes dissipation?

For the purposes of this Q&A, we have focussed on the issue of dissipation of assets in the context of freezing orders but we have also considered...

28th Sep

Q&As

What is the procedure for applying for an order for delivery up of goods and for damages?

The owner of the goods may consider bringing a claim for wrongful interference under the Torts (Interference with Goods) Act 1977 (T(IG)A 1977). The...

28th Sep

Q&As

X obtained a freezing injunction against D to secure a judgment sum. Subsequently D was declared bankrupt. D has had their bankruptcy discharged. Does X have to 'release' the freezing injunction or ease its restrictions if D asks them to now he is no longer bankrupt?

For the purposes of this Q&A, we have assumed that the judgment arises from an 'ordinary' unpaid debt and the defendant’s discharge was automatic on...

28th Sep

Q&As

In relation to a disposal hearing, is it within the power of the judge to make an order for an injunction under CPR PD 26, 12.4 or is a disposal hearing restricted solely to a monetary award?

Paragraph 12.4(2) provides:'At a disposal hearing the court may – (a) decide the amount payable under or in consequence of the relevant order...

Produced in partnership with Mark Spackman of Selborne Chambers 28th Sep

Q&As

Is a US interim order for seizure of product enforceable in the courts of England and Wales?

Original question:Can we enforce an interim US court order for seizure of product in the courts of England and Wales?.Enforcement of the orderThe...

28th Sep

Q&As

Where A has been injuncted from parking on B’s land, can A be liable where A’s workmen, contrary to A’s instructions, park on A’s land?

Breach of injunctionsIt is a matter of fact in any case as to whether a party has breached an injunction.Where an injunction refers to a defendant’s...

28th Sep