The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they fear that a wrong will be committed if an order is not made—the latin phrase ‘quia timet’ translates literally as ‘because he fears’. A quia timet injunction may therefore be granted where either the defendant has threatened a wrongful act or there is a real risk that, unless an injunction is granted, an actionable wrong will be committed.
In Redland Bricks Ltd v Morris the court held (at page 578):
‘[T]o prevent the jurisdiction of the courts being stultified equity has invented the quia timet action, that is an action for an injunction to prevent an apprehended legal wrong, though none has occurred at present, and the suppliant for such an injunction is without any remedy at law.’
The claimant must show ‘a real and substantial risk of damage of an imminent kind’ (Islington London Borough Council v Elliott at para ). This is particularly so when the injunction sought is a final injunction rather than an interim injunction.
There is a two-stage test that the court should apply when considering whether or not to grant a
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Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden conduct needs to be proved. For example, an accused is guilty of dangerous driving if they drove a motor vehicle dangerously on a road or other public
Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
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