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A discretionary remedy whereby the court orders a defendant to do (mandatory injunction), or refrain from doing (prohibitory injunction) something.
It is an equitable remedy, and is available both as an interim remedy pending the final disposal of an action, and as a final remedy.
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Procedural guide—application for a freezing order—family proceedings Where there are concerns that a party intends to dispose of assets in a way that will defeat a claim for financial provision, or has already done so, immediate action may have to be taken to secure the assets. Freezing orders (historically known as Mareva injunctions) are an interim remedy and may be made under Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 20 or under the inherent jurisdiction. An application to restrain future dealings is most commonly made under section 37 of the Matrimonial Causes Act 1973 (MCA 1973) or Schedule 5 Part 14, para 74(2) of the Civil Partnership Act 2004 (CPA 2004). The purpose is to prevent a party removing assets located in England and Wales, or dealing with assets wherever they are located. The applicant has to show that there is a good arguable case against the respondent and a real risk that a judgment will go unsatisfied because of the disposal by the respondent, or that refusal...
Responding to a freezing injunction—checklist STOP PRESS: On 6 April 2025, amendments to Part 25 of the Civil Procedure Rules (CPR 25) will come into force. For guidance on the changes to Part 25 and Practice Directions 25A and 25B, see Q&A: Where can I find information on the changes to Part 25 coming into force on 6 April 2025? This Checklist provides a suggested approach for dealing with and responding to a freezing injunction. It is intended as a starting point, listing various key matters which you should consider when preparing your response. It is assumed that: • the freezing injunction was granted pre-action and without notice, and • your client is the defendant in the underlying substantive claim For further guidance on freezing injunctions generally, see Practice Notes: • Freezing injunctions—guiding principles • Freezing injunctions—the application • Freezing injunctions—the draft order Ensuring you have all the necessary documentation The applicant should have provided the following documentation (at the very least): • the application notice • the affidavit(s) in...
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UK design infringement action—flowchart This Flowchart provides an overview of a UK design infringement action. The specific right relied on could be one of the following design rights which coexist in the UK: • UK registered designs (including re-registered designs) • UK unregistered designs (sometimes referred to as ‘design right’) • supplementary unregistered designs For more information about these rights, see Practice Note: UK registered and unregistered designs. Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Infringement of UK registered and unregistered designs • Design disputes—a practical guide • How to run an IP dispute • Copyright in designs • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme • Disclosure scheme—when and where it applies Claim preparation and pre-action matters—Precedent • Disclosure Scheme timetable—checklist Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Stage 2—Letter before action alleging infringement Letter before...
Passing off—flowchart Passing off action Passing off is a common law action that is used to protect unregistered trade mark rights in the UK. The stages of the Flowchart cover establishing a claim for passing off covering: • the three essential elements of goodwill, misrepresentation, and damage • sending a letter of claim, issuing proceedings and applying for an injunction • commencing proceedings in the general Intellectual Property List or the Intellectual Property Enterprise Court sub-list in the Business and Property Court, in the Chancery Division at the High Court • case management including allocation, the case management conference and directions • disclosure and evidence including inspection, additional disclosure and survey evidence • trial preparation and post-trial activities such as election between damages or an account of profits • applications to appeal Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Passing off—goodwill, misrepresentation and damage • Trade mark and passing off disputes—a practical guide • How to run an IP dispute...
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This Practice Note considers anti-suit injunctions which are a form of injunctive relief used to restrain a party from either commencing or continuing court proceedings. It explains what an anti-suit injunction is and the power of the courts to grant such an injunction. It then explores the basis on which an anti-suit injunction may be refused or granted. It considers the effect of a breach of an anti-suit injunction as well as the impact of foreign anti-suit injunctions on proceedings in the courts of England and Wales. Single forum anti-suit injunctions are also explained.For guidance on:•making an application for an anti-suit injunction, see Practice Note: Anti-suit injunctions—making an application•anti-suit injunctions and the EU, see Practice Note: Anti-suit injunctions and EU court proceedings•anti-suit injunctions in support of arbitration, see Practice Note: Anti-suit injunctions in support of arbitration (England and Wales)Different considerations apply when dealing with the following:•an anti-enforcement injunction to restrain a judgment creditor from taking proceedings to enforce a judgment. For guidance, see Practice Note: Anti-enforcement injunctions•an anti-suit injunction where...
Deliberate concealment of planning breaches Overview of enforcement time limits Section 171B of the Town and Country Planning Act 1990 (TCPA 1990) sets out time limits, after which no enforcement action in respect of a breach of planning control can be taken, unless there has been deliberate concealment of the breach. The time periods are: • for operational development, four years from the date on which the operations were ‘substantially completed’ in Wales and in England where the operations were substantially completed before 25 April 2024, and ten years in England where the operations were substantially completed on or after 25 April 2024 (see Practice Note: Substantial completion and planning enforcement for more information on the legal test for substantial completion) • for breaches of planning control consisting of the change of use of any building to ‘use as a single dwelling house’, four years from the date of the breach in Wales and in England where the breach occurred before 25 April 2024, and ten years...
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Regulation D-Rule 506(d)-bad actor disqualification questionnaire (US IPO) This Questionnaire is being furnished to you in connection with an offering (the Offering) of securities by [insert company name] (the Company), under the Securities Act 1933, Rule 506 (the Securities Act). Important Note: Please answer every question. If your answer to a question is ‘Yes’, please provide details in the explanation. Unless otherwise stated, your answers should be given as of the date you sign the Questionnaire. Some questions reference the 'date of the sale' of the securities, which is currently expected to be on or about [insert date]. If your answers to these questions change after the date you return the Questionnaire, you must notify the Company immediately. Please note that certain questions are necessarily broad in scope, so if you have doubts regarding whether something should be included in your response please err on the side of over-inclusion. The Company may have additional follow-up questions for you in connection with the Offering. Once you have...
Franchise business sale agreement This Agreement is made on [insert date] Parties 1 [insert name] [of OR incorporated in [insert jurisdiction, eg England and Wales] under number [insert company number] whose registered office is at] [insert address] (the Seller); 2 [insert name] [of OR incorporated in [insert jurisdiction, eg England and Wales] under number [insert company number] whose registered office is at] [insert address] (the Buyer); and 3 [insert name] [of OR incorporated in [insert jurisdiction, eg England and Wales] under number [insert company number] whose registered office is at] [insert address] (the Franchisor), (each a party and together the parties). Background (A) The Franchisor has licensed the Seller to operate the Franchise Business. (B) The Seller has agreed to sell and the Buyer has agreed to purchase the Franchise Business as a going concern on the terms and conditions of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Applicable Data Protection Law • means...
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Can a part-time, fixed-term or term-time only employee be prevented from working elsewhere during the times they are not working for the employer? An employee will be under certain implied duties during employment. These will vary depending on the seniority of the employee and whether they are subject to a duty of fidelity or a more onerous fiduciary duty. For further details, see Practice Note: The duty of fidelity and fiduciary duties. An employer may wish to confirm or supplement these implied duties by seeking to restrain an employee from undertaking any business activities other than those of the employer during employment, whether within or outside working hours. For further guidance on these provisions generally, see the section of Practice Note: Restrictions and other express terms during employment entitled ‘Restrictions on other business activities’. Consideration should be given to whether any ban on spare time business activity should be total or partial: • a total ban seeks to prevent any business activity—this would typically be more appropriate for a senior,...
Can company directors be prosecuted as individuals for offences under sections 1 and 2 of the Modern Slavery Act 2015? In answering this Q&A, research has been limited to cover offences under section 1 and 2 of the Modern Slavery Act 2015 (MSA 2015) and other possible offences under other legislation relating to trafficking have not considered. MSA 2015, ss 1 and 2 provide for offences of human trafficking and slavery, servitude and forced or compulsory labour. It includes sexual and non-sexual exploitation. It came into force on 31 July 2015. The offence of slavery, servitude and forced or compulsory labour is defined in MSA 2015, s 1 as: • a person held by another person in slavery or servitude and the person knows or ought to know that the other person is held in slavery or servitude • the person requires another person to perform forced or compulsory labour and the person knows or ought to know that the other person is being required to perform...
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This week's edition of Dispute Resolution weekly highlights includes analysis of a number of key DR developments and key judicial decisions including the Civil Procedure Rule Committee minutes of 7 February 2025 and the Court of Appeal decision in Servis-Terminal Llc v Drelle (cross-border enforcement); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.
This week's edition of Arbitration weekly highlights includes: coverage of arbitration-related decisions from Hong Kong, Singapore, France and the USA; and updates from UNCITRAL, ADRIC, DIFC Courts, PCA, VIAC, FCC, HKIAC and ICAC. All this, and more, in our weekly highlights.
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