BPTC Law Notes BPTC Civil Ligitation Notes
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
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Interim Injunctions
What is the procedure for applying for a pre-action interim injunction? | In cases of urgency an application can be made before issuing proceedings and without notice (this is without 3 days notice, but the application should give the defendant some notice, e.g. by phone).
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If an order is made, what will it include? | If an order is made, it will include:
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What is the procedure for applying for an interim injunction during proceedings? |
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What is the main principle to be applied by the court? | That is must be just and convenient to grant an injunction. |
Principles applied by the court
What are the exceptions and variations to American Cyanamid? | Applications for mandatory interim injunctions This type of injunction, requiring the defendant to take certain action, will only be ordered if the judge has a high degree of assurance on the merits. This is more difficult to establish than serious issue to be tried, which is a low threshold. The mandatory nature of the order may also be reflected in the discretion to grant the order. Applications for interim injunctions that will finally dispose of the claim This exception is where neither side is realistically going to take the case to trial if the interim injunction application went against them. There is some flexibility over the approach to the merits requirement in this category, but typically the court insists on a very strong case, such as an "overwhelming case" or a case with a "high degree of assurance". This reflects the need to comply with the fair trial obligation in the ECHR, art 6(1). The final disposal aspect may also be reflected in the discretion to grant the order. Cases where there is no arguable... |
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Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
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