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GLOSSARY
Process (similar to diligence on the dependence) which restricts the debtor's ability to deal with a limited range of moveable assets in their possession while a court action progresses
NEWS
Arbitration analysis: The claimants commenced court proceedings under sections 68 and 69 of the Arbitration Act 1996 (AA 1996) seeking to set aside an interim arbitration award. The respondents contended that the Claim Form had been filed outside of the 28-day time limit for challenging an award under AA 1996. The claimants contended that the Claim Form had been issued in time because, although it had been more than 28 days since the relevant interim award was issued, the Claim Form was issued less than 28 days following the issue of the final award in the arbitration. Mr Justice Miles held that the Claim Form had been issued too late, because the interim award was a binding award and therefore the 28-day period had begun to run from the date the interim award was issued. The claimants sought, in the alternative, to extend the time period for challenging the interim award, however permission to extend the time limit was refused. Written by Anna Gilbert, counsel at Hausfeld & Co.
GLOSSARY
An interim order that imposes restrictions upon a bankrupt pending the determination of an application for a bankruptcy restrictions order.
PRACTICE NOTES
NOTE: On 1 October 2026, a newly formed Business and Property Division replaces the Chancery Division—see News Analysis: The new Business and Property Division of the High Court. This Practice Note contains references to, and information derived from, the Chancery Guide. It is understood that a Business and Property Division Guide is being drafted and it is assumed this will replace the Chancery Guide. Existing links to the Chancery Guide will remain in content until a replacement is released. Note that the procedural rules relevant to interim remedies were amended with effect from 6 April 2025. The changes, in particular to CPR 25, were intended to simplify the rules and not to materially alter the substantive law or practice. However, the numbering and location of many of the provisions have changed. Judgments which pre-date the amendments coming into force on 6 April 2025 may therefore include reference to the old provisions, numbering and standard orders, and should be approached with some caution in light of the changes. For details, see Practice
PRECEDENTS
[enter name of beneficiary] [enter address of beneficiary] [enter date] Dear [enter name of beneficiary] The late [enter name of deceased] Further to my letter dated [enter date of last letter]
GLOSSARY
The dividend declared before annual earnings are established. Companies in the UK usually pay two dividends per year, the interim dividend and the final dividend. The interim dividend is usually the smaller of the two.
GLOSSARY
An order requiring a party to do, or refrain from doing, a certain thing pending the final trial of a claim.
NEWS
Property Disputes analysis: Hillingdon Borough Council applied for, and were successful in obtaining an interim injunction to protect a lake and surrounding woodlands from persons seeking to occupy and protest on the land against the development of the High Speed Rail (HS2) link to the north of England. The injunction granted by Mr Justice Kerr had to have regard to all the recent jurisprudence on applications against persons unknown, including the more recent case of Canada Goose UK Retail v Persons Unknown, where the Court of Appeal identified seven tests to be applied when proceedings are commenced for injunctive relief against persons unknown, as well as Strasbourg and domestic European human rights law. Written by Steven Woolf, counsel at Hardwicke Chambers.
NEWS
Property Disputes analysis: In an important case determining the extent of clogs and fetters to the equitable right to redemption, the court demonstrated that it did have jurisdiction to award an injunction preventing completion of a contract for sale entered into on behalf of the mortgagor by receivers. This decision validates the position that, unlike where a mortgagee exercises a power of sale, when a receiver enters into a contract for sale the mortgagor’s equity of redemption is neither lost, nor necessarily suspended. Written by Hugh Rowan, barrister at Tanfield Chambers.
NEWS
Dispute Resolution analysis: HHJ Moloney QC, sitting as a High Court judge, has granted interim injunctions against a respondent which affected his right to freedom of expression under article 10 of the European Convention on Human Rights (ECHR). In doing so, the court applied the higher standard for interim injunctions in section 12 of the Human Rights Act 1998 (HRA 1998), which requires the court to consider what would happen at trial, and satisfy itself that the applicant would be likely to establish that publication should not be allowed. This decision is of interest to practitioners seeking an injunction which, if granted, might affect the respondent’s freedom of expression—for example, where a counterparty to a commercial transaction seeks to publish confidential information without permission.
PRACTICE NOTES
This Practice Note examines interim remedies (injunctions) available before trial in employee competition and confidentiality claims. They are used if the delay until trial would be too long. It considers the timing, urgency and type of interim injunction. It also looks at the principles in granting them and the possible defendants. The remedies available in cases involving attempts to enforce express and implied terms of the contract of employment in employee competition and confidentiality cases may conveniently be divided between: • interim remedies available before final trial (discussed below), and • remedies available following the main trial of the case on liability Final remedies are discussed elsewhere. They may include: • damages (see Practice Note: Damages in employee competition claims) or an account of profits (see Practice Note: Account of profits in employee competition claims), and/or • final and permanent injunctions (see Practice Note: Final and permanent injunctions in employee competition and confidentiality claims), and/or • any of the remedies available in other types of claim, such as damages in tort,
PRACTICE NOTES
This Practice Note considers the undertaking (also referred to as a cross-undertaking) in damages that an applicant must give to the court as the price of obtaining an interim injunction. Reference should also be made to Practice Notes: • Interim injunctions—undertakings, which sets out the underlying principles concerning the provision of undertakings in the context of interim injunctive relief • Freezing injunctions—cross-undertakings and fortification, in particular, for details on fortification of the cross-undertakings The principles discussed in this Practice Note, in addition to the two Practice Notes above, apply broadly when a party is seeking interim injunctive relief. However, for guidance on specific forms of injunctions, including freezing, proprietary, search and imaging orders, see: • Freezing injunctions—overview • Proprietary asset preservation injunctions—overview • Search and imaging orders—overview 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: Court specific guidance below. 6 April 2025 changes The CPR provisions