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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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Responding to a freezing injunction—checklist 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 client’s 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 support • the sealed order • a transcript of the hearing • the skeleton argument (if one was used at the hearing) If any of the above documents are missing, ask the applicant’s solicitors for them as a matter of urgency. You will need all of the documents relied upon at the without notice...
Considerations and next steps for victims of fraud—checklist This Checklist is designed to assist individuals and companies who suspect they have been a victim of fraud. It considers the immediate steps they should take to gather and preserve evidence, obtain legal advice, mitigate and reduce risk and obtain emergency or urgent relief (such as freezing orders and insurance cover), including whether it is necessary to report a suspected fraud to the police and how to do so using the Action Fraud service. It also addresses the choice between issuing civil and criminal proceedings for fraud and explains the possibility of running a civil fraud claim in parallel with a criminal prosecution (private or public). This Checklist should be read in conjunction with the Practice Notes: • Starting a civil fraud claim—a practical guide • Civil fraud—heads of claim • Civil fraud—frequently asked questions (FAQ) • Commencing criminal proceedings—applying for the issue of a summons • Fraud—civil claim and private criminal prosecution compared For full guidance on fraud offence under criminal...
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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...
International merger control developments—November 2022 This month has seen the Government of Canada launch a consultation on further reforms to the Canadian Competition Act, including proposals relating to the merger control regime, and the Korean Fair Trade Commission launching a consultation regarding proposed amendments to the M&A Review Guidelines. Canada—Government announces review of the Canadian Competition Act On 17 November 2022, the Government of Canada published a paper setting out a comprehensive review of Canada’s Competition Act. The paper outlines five key areas of potential reform, including the law on merger control. The paper does not contain firm recommendations on specific legislative amendments, but instead poses open-ended questions for discussion (although with certain policy leanings).In relation to merger control, the key points to note are set out below. • Thresholds and non-notifiable mergers: the discussion paper asks whether the current merger control thresholds are adequately calibrated to capture mergers of interest and whether non-notifiable mergers should be subject to review and challenge for a longer period of time,...
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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 HM Courts & Tribunals Service’s updated guidance on the Damages Claims pilot scheme under CPR PD 51ZB and the Court of Appeal decision in Barrowfen Properties Ltd v Patel (damages); 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 Local Government weekly highlights includes enhanced coverage on the Supreme Court judgment in The Father v Worcestershire CC, in which the father’s appeal against the care order placing his children in foster care, was dismissed, coverage of the Cabinet Office's final preparations for the Procurement Act 2023, which is set to go live on 24 February 2025 and expert analysis of the Court of Appeal judgment in Hussaini v Islington LBC. Case reports include the decisions in Sheffield CC v The Mother, on the Family Court's ruling that the child experienced significant harm due to parental neglect, meeting the threshold criteria under Section 31 of the Children Act 1989; (R (LR) v Coventry CC where the Court of Appeal quashed the local authority's support assessment for family, citing legal errors and failure to consider children's welfare; Tickle v The BBC concerning the Court of Appeal’s setting aside of an order anonymising judges in family proceedings due to lack of jurisdiction and procedural bias; R (MM) v...
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