LPC Law Notes Commercial Dispute Resolution Notes
A collection of the best Commercial Dispute Resolution notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC 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 Commercial Dispute Resolution notes available in the UK this year. This collection ...
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an interim injunction is an interim remedy and falls under CPR Pt 25.
In making such an application, you must comply with the provisions of CPR Pt 25 and of Part 23 which deals with the application generally. An interim injunction is a court order, breach of which is punishable as a contempt of court
SPOT the injunction and apply the right tests in exam.
Apply the arguments for your client from his perspective.
If not giving notice, do need good reason because it is ONLY three days notice for an interim application,
When is it appropriate to apply for mandatory/ prohibitory injunctions? | Injunctions are common in commercial cases because they can be used to protect confidential and commercially sensitive information, and to guard against the dissipation of assets. Generally only available to C |
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When can they be sought? |
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Types: | Prohibitory/negative – prevents D from taking certain steps (e.g. soliciting customers of C) Mandatory – require D to do something (e.g. remove an obstruction to C’s light)
Quia timet – require D to take steps to prevent harm occurring (e.g. to provide support for C’s land in order to prevent subsidence)
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General principles for applying to injunctions: always mention this in the exam answer | C must have locus standi (interest + cause of action)
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Courts powers: |
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Enforcement of injunctions for beach Apply to court for contempt | Individuals
Company or corporate body Assets can be seized (sequestration) Non parties for knowingly assisting in breach of an injunction |
Criminal offences: |
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Breaches of Treaty of Rome: |
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Interim applications procedure (Pt 23.3)
As a rule, always see if matters can be agreed or resolved with the other side before making an interim application. This is pursuant to the OO and a failure to do so could lead to an adverse costs order being made.
Serve notice of application on the other side (unless exception in PD 23A para 3 applies, ie freezing injunction or search order).
Complete the application notice (N244) and ideally make sure it is supported by evidence (PD23A para 9.1). A witness statement from the client satisfying Pt 32 will suffice. If you wish to rely on the N244 contents, it must be verified by a statement of truth. The application notice requires that you state which order is sought and why (Pt 23.6).
Submit the application notice and supporting evidence to the court where the claim will be issued/was started/has been sent/where the trial will take place (Pt 23.2) along with:
The requisite fee
An additional copy of the notice for each party
A copy for the court
A copy of the draft order sought, in all but the most simple application (PD 23A)
The N244 must be served at least three clear days before the hearing, unless another time limit is specified.
Procedure for obtaining interim prohibitory injunctions | CPR Part 25 – injunctions CPR Part 23 – interim application
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Buy the full version of these notes or essay plans and more in our Commercial Dispute Resolution Notes.
A collection of the best Commercial Dispute Resolution notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC 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 Commercial Dispute Resolution notes available in the UK this year. This collection ...
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