Interim and final injunctions

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Back to the future—in-depth analysis of Lipton and another v BA City Flyer Ltd

The following Corporate Crime news provides comprehensive and up to date legal information on Back to the future—in-depth analysis of Lipton and another v BA City Flyer Ltd

Claims arising from a fraudulent investment scheme resulting in corporate insolvency (Biscoe (as joint liquidators of Equitable Law Capital Ltd) v Milner)

The following Dispute Resolution news provides comprehensive and up to date legal information on Claims arising from a fraudulent investment scheme resulting in corporate insolvency (Biscoe (as joint liquidators of Equitable Law Capital Ltd) v Milner)

The iniquity defence in claims for misuse of private information (Brake v Guy)

The following Commercial news provides comprehensive and up to date legal information on The iniquity defence in claims for misuse of private information (Brake v Guy)

Tribunal grants delay in proceedings over £1.25m penalty for GDPR breaches (Ticketmaster UK v the Information Commissioner)

The following Corporate Crime news provides comprehensive and up to date legal information on Tribunal grants delay in proceedings over £1.25m penalty for GDPR breaches (Ticketmaster UK v the Information Commissioner)

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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...

Novation—why and how to novate a contract

There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their...

Forming enforceable contracts—intention to create legal relations

An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...

Skeleton arguments

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

Practice notes

Judgments and orders—correcting accidental errors under the slip rule (CPR 40.12)

What is the slip rule?The slip rule is a process by which the court may correct an accidental slip or omission in a judgment or order (see: CPR 40.12...

9th Nov

In-house

Practice notes

Fixed costs—what are they?

This Practice Note considers fixed costs under Part 45 of the Civil Procedure Rules. For detailed guidance on capped costs in the Business and...

9th Nov

Practice notes

Equitable remedies in contractual disputes

While the primary remedy for contractual breach is that of damages (see Practice Note: Contractual damages—general principles and related content),...

Produced in partnership with Zainab Hodgson of CMS 12th Jan

Practice notes

Committal proceedings—sentencing [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note is for historical reference only as it refers to CPR 81 as it...

Produced in partnership with Richard Shepherd of Albion Chambers 12th Jan

Practice notes

Notice to admit facts

What is a notice to admit facts?Put simply a notice requests the other side to admit facts in the case. The aim of such a notice is to save time, and...

9th Nov

Practice notes

Just and equitable winding-up—what it is and when to use it

A guide to specific terminology used in this Practice Note is provided—see below section titled ‘Key terms encountered when applying for a winding-up...

Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan

Practice notes

Litigant in person costs—financial loss and hourly rates

CPR 46.5(4) sets out how the costs will be calculated and this is either by reference to:•proven financial loss, or•the amount for the time reasonably...

9th Nov

Practice notes

Interdict and interim interdict in Scottish civil litigation

This Practice Note considers the position on interdict and interim interdict in Scotland. For guidance on:•some other forms of relief in Scottish...

Produced in partnership with Jim Cormack of Pinsent Masons 12th Jan

Scottish Law

Practice notes

Knowing receipt and dishonest assistance claims

Claims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory...

9th Nov

Practice notes

Public access to court documents and information in civil proceedings

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for public access to documents. For guidance, see:...

9th Nov

Practice notes

Limitation—latent damage

BackgroundThe limitation period for an action founded on tort is six years from the date on which the cause of action accrued pursuant to section 2 of...

9th Nov

Practice notes

Restitution for unjust enrichment—elements of the claim

What is unjust enrichment and when is it used?A claim based on unjust enrichment is one which seeks to restore to an innocent party the gains that...

9th Nov

In-house

Precedents

Letter of claim—damages for breach of contract—acceptance of contract repudiation

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN][ADDRESS LINE 1][ADDRESS...

9th Nov

Practice notes

When is variation of a contract valid?

There are numerous reasons why parties may wish to make changes to their agreement. Most disputes connected with variation of contracts concern...

9th Nov

Practice notes

Part 36 offers—counter-offers

This Practice Note on Part 36 offers considers what happens when a Part 36 offer is responded to with a counter-offer, whether made under Part 36 or...

Produced in partnership with Jake Coleman of Hailsham Chambers 12th Jan

Practice notes

Part 36 offers—costs consequences of rejection or non-acceptance

Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional...

Produced in partnership with Alice Nash of Hailsham Chambers 12th Jan

Most recent Interim and final injunctions content

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...

14th Apr

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...

9th Apr

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...

9th Apr

Precedents

Witness statement in support of a without notice application for a prohibitory interim injunction

Filed on behalf of the ClaimantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...

9th Apr

Precedents

Witness statement opposing an application for a prohibitory interim injunction

Filed on behalf of the DefendantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...

9th Apr

Precedents

Witness statement in opposition to the continuation of an interim prohibitory injunction granted without notice

Filed on behalf of the DefendantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...

9th Apr

Precedents

Order for an interim prohibitory injunction

Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...

9th Apr

Precedents

Witness statement in support of an application for a prohibitory interim injunction

Filed on behalf of the ClaimantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...

9th Apr

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...

8th Apr

Practice notes

Interim injunctions—opposing on notice applications

Interim injunction applications are not straightforward. There are a large number of procedural and substantive hurdles for applicants to surmount...

8th Apr

Practice notes

Interim injunctions—opposing without notice applications

This Practice Note is designed to assist practitioners in taking a structured approach to resisting an application for an interim injunction made...

8th Apr

Practice notes

Interim injunctions—the American Cyanamid guidelines

This Practice Note is concerned with substantive interim injunctions, which are a particular species of injunction granted on a temporary basis ahead...

7th Apr

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...

6th Apr

Practice notes

Interim injunctions—undertakings

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

6th Apr

Practice notes

Final injunctions

This Practice Note provides guidance on the circumstances in which the court may grant a final (or perpetual) injunction. There is a great deal of...

1st Apr

Practice notes

Injunctions—guiding principles

What is an injunction?An injunction is defined in the glossary to the CPR as ‘a court order prohibiting a person from doing something or requiring a...

1st Apr

Practice notes

Interim injunctions—on notice applications

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

31st Mar

Practice notes

Injunctions—key and illustrative decisions

This Practice Note summarises a number of key and/or illustrative cases relevant to injunctions.For general guidance on the principles applied by the...

29th Mar

Practice notes

Injunctions against persons unknown

This Practice Note is concerned with injunctions against defendants who cannot be identified, typically referred to as injunctions against persons...

29th Mar

Practice notes

Interim injunctions—drafting the order

The precise terms of the order granting an interim injunction are important, not just in terms of how effective it will be in practice, but also...

23rd Mar

Interim and final injunctions

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Latest Dispute Resolution News

Back to the future—in-depth analysis of Lipton and another v BA City Flyer Ltd

Claims arising from a fraudulent investment scheme resulting in corporate insolvency (Biscoe (as joint liquidators of Equitable Law Capital Ltd) v Milner)

The iniquity defence in claims for misuse of private information (Brake v Guy)

Tribunal grants delay in proceedings over £1.25m penalty for GDPR breaches (Ticketmaster UK v the Information Commissioner)

Featured Dispute Resolution content

Tomlin orders

Novation—why and how to novate a contract

Forming enforceable contracts—intention to create legal relations

Skeleton arguments

Most recent Interim and final injunctions content

Popular documents

Facilitation payments under the Bribery Act 2010

Loan Market Association (LMA)—news on documentation [Archived]

Breach of statutory duty

The Single Rulebook

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