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Interim Remedies Interim Payments S33 And S34 Sca Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

This is an extract of our Interim Remedies Interim Payments S33 And S34 Sca document, which we sell as part of our BPTC Civil Ligitation Notes collection written by the top tier of City Law School students.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

INTERIM REMEDIES

? irrelevant whether has been a claim for a final remedy of that kind (a) interim injunctions (b) interim declarations (c) orders regarding relevant property for: detention, custody or preservation; inspection, sampling; experimenting; sale (if perishable / desirable to sell quickly); payment of income from until claim concluded (separate orders)

(d) (e) (f) (g) (h) (i)

order authorising person to enter property to carry out (c) order for delivery-up of goods freezing injunction order directing party to provide info about location of property / assets search order (SO) s33 Supreme Court Act / s52 County Courts Act - order for disclosure of documents /
inspection of property before a claim has been made

(j) s34 Supreme Court Act / s53 County Courts Act - order for disclosure of documents /
inspection of property against a non-party

(k) order for interim payment: under r25.6 for payment by D on account of any damages, debt or other sum (except costs) which the court may hold D liable to pay

(l) order for specified fund to be paid into court / secured (where there is a dispute to a party's right to a fund)

(m) order permitting a party to pay money into court pending outcome of proceedings and directing that, if he does his personal property will be given up to him

(n) order directing party to prepare and file accounts relating to the dispute (o) order directing any account to be taken / inquiry made by court (p) order in IP proceedings making the continuation of an alleged infringement subject to lodging guarantees PROCEDURE AND TIME TO APPLY

? generally same as any other interim application
? can only apply after D has filed AoS / defence
? if pre-action interim remedy granted, court should direct claim to be commenced except for applications made for pre-action inspection of property (s33 SCA) INSPECTION OF PROPERTY DURING PROCEEDINGS (r25.1(c) and (d))

? relevant property = property including land which is the subject of claim - must be a physical thing

? orders can be sought o at allocation stage, by covering letter sent with directions questionnaire and disclosed to other parties at the same time (usual)

o in draft consent directions filed with directions questionnaire (usual) o at case management conference o on application after issue of proceedings

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