The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note is concerned with substantive interim injunctions, which are a particular species of injunction granted on a temporary basis ahead of trial. As set out below, there are different considerations depending on whether the interim injunction sought is prohibitory or mandatory in nature. For guidance on the nature of injunctions generally and the distinction between prohibitory and mandatory injunctions, see Practice Note: Injunctions—guiding principles and in particular the main section: What are the different types of injunction?
For guidance on interim injunctions specifically concerned with the preservation of assets or evidence, as opposed to the enforcement of a specific legal or equitable right, see:
Proprietary freezing injunctions
Search orders—guiding principles
Interim delivery up orders and preservation of property
The power to grant interim injunctions is found in section 37(1) of the Senior Courts Act 1981 (SCA 1981) and CPR 25.1(1)(a), as set out in Practice Note: Injunctions—jurisdiction. The court may grant an interim injunction provided that it is ‘just and convenient’ to do so. This discretion is clearly very wide, but the courts have provided guidelines as to how this discretion should ordinarily be exercised in interim injunction applications.
The court’s primary objective is to follow the course which presents the lowest risk of irremediable prejudice if, after a trial, the decision is subsequently found to be incorrect. The
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Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog
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