Interim remedy meaning

STOP PRESS: The Financial Remedies Guide 2026, issued on 13 March 2026 by Mr Justice Peel (National Lead Judge of the Financial Remedies Court) and His Honour Judge Hess (Deputy National Lead Judge of the Financial Remedies Court), and approved by the President of the Family Division, replaces and supersedes the following: Statement on the efficient handling of financial remedy cases assigned to a High Court judge, whether sitting at the Royal Courts of Justice or in any other venue (1 February 2016) (the High Court judge level efficiency statement) Statement on the efficient conduct of financial remedy hearings in the Financial Remedies Court below High Court judge level (11 January 2022) (the below High Court judge level efficiency statement) Financial Remedies Court Primary Principles document (11 January 2022) Notice from the Financial Remedies Court on electronic bundles (19 April 2022) Allocation of financial remedies cases to High Court judge level (21 May 2024) This document is being updated...

STOP PRESS The Financial Remedies Guide 2026, issued on 13 March 2026 by Mr Justice Peel (National Lead Judge of the Financial Remedies Court) and His Honour Judge Hess (Deputy National Lead Judge), with the President of the Family Division’s approval, now replaces and supersedes: Statement on the efficient conduct of financial remedy cases allocated to a High Court judge (1 February 2016) Statement on the efficient conduct of financial remedy hearings in the Financial Remedies Court below High Court judge level (11 January 2022) Financial Remedies Court Primary Principles (11 January 2022) Notice from the Financial Remedies Court: electronic bundles (19 April 2022) Allocation of financial remedies cases to High Court judge level (21 May 2024) This document is being updated to reflect those changes. See News Analysis: Financial Remedies Guide consolidates existing guidance and efficiency statements. The flowchart summarises the path from first appointment to the financial dispute resolution hearing (FDR) under the standard procedure, covering...

Interim injunction applications are rarely simple. Applicants face numerous procedural and substantive obstacles before a court will even contemplate awarding this discretionary remedy. This Checklist addresses those issues and aims to help practitioners adopt a structured method when replying to—and, where appropriate, opposing—an on‑notice interim injunction application. It should be read alongside the detailed guidance in the following Practice Notes: Interim injunctions—on notice applications Interim injunctions—the American Cyanamid guidelines Interim injunctions—drafting the order For further assistance with without notice applications, see: Opposing a without notice interim injunction application—checklist. 6 April 2025 changes With effect from 6 April 2025, the CPR provisions governing interim injunctive relief were amended. Notably, CPR 25 underwent substantial revision and the related Practice Directions were revoked, including the exemplar draft orders formerly found in Annex A and Annex B to Practice Direction 25A. In addition, three new ‘model orders’ took effect on 6 April 2025. These reforms were not meant to make material changes to the...

Legal Issues General comments This Checklist highlights the principal provisions and matters to consider when drafting and negotiating time of the essence clauses. What to watch out for For a Precedent time of the essence clause with comprehensive drafting notes, see Precedent: Time of the essence clause. For guidance on time of the essence, the exceptions to the general rule, and practical considerations for customers and suppliers, see Practice Note: Time of the essence. Nature of the term: condition, innominate term or warranty Time is of the essence where the parties expressly state that time will be of the essence. If time is of the essence, delay may entitle a party to terminate the contract and to claim damages. Without express wording, time will be of the essence only if it is a condition of the contract. Where the timing provision is interpreted as an innominate term or a warranty, the remedy is generally confined to damages, unless the breach is very serious or...

Checklist This checklist explores the actions a buyer’s solicitor ought to take during due diligence to deal with matters arising from the property’s physical state and the surveyor’s findings, as part of the investigation. Although this Checklist refers to the buyer’s solicitor, equivalent considerations apply to a tenant’s solicitor acting on the grant of a new lease, and to a borrower’s solicitor involved in the financing or refinancing of property. A solicitor is not qualified to advise on the state or the value of a property, and the report on title prepared for the buyer by the buyer’s solicitor should include a qualification to that effect. If the survey or valuation identifies any issues with the property, the buyer may wish to negotiate a reduction in the price or to include an obligation in the contract requiring the seller to remedy the matter prior to completion. Has the buyer’s solicitor advised the buyer to commission a survey? A buyer’s solicitor should always advise the buyer to have the property...

In this issue: Public procurement Governance Education Social housing Children's social care Social care Healthcare Local government finance Environmental law and climate change Planning Daily and weekly news alerts New and updated content Public procurement Damages are an adequate remedy in a procurement dispute despite no sufficiently serious breach (Millbrook Healthcare Ltd v Devon County Council) In Millbrook Healthcare Ltd v Devon County Council, the Technology and Construction Court (TCC) determined that, at the interim stage of a procurement claim, whether a breach is “sufficiently serious” is not directly relevant to the question of adequacy of damages; damages can still be the proper remedy. The TCC reviewed established authorities confirming that damages are available in procurement challenges only where the contracting authority’s breach is “sufficiently serious”, a test grounded in EU law. The issue was recently examined in Braceurself v NHS England, where the TCC held that the “sufficiently serious” assessment...

In this issue: UK competition policy UK antitrust UK mergers National Security and Investment Act 2021 UK private actions UK digital markets EU antitrust EU Foreign Subsidies Regulation EU State aid LexTalk®Competition: a Lexis®Nexis community Daily and weekly news alerts New and updated content Caselex UK competition policy Government launches consultation on turnover and control regulations under the Digital Markets, Competition and Consumers Act The Department of Business and Trade (DBT) has published a consultation on three draft regulations which, for purposes of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024), explain how turnover is to be estimated or calculated and when a person is regarded as having control of an enterprise. The draft regulations are: Competition Act 1998 (Determination of Turnover for Penalties): sets out the approach to calculating the relevant turnover of undertakings for the new turnover-based civil penalties for contraventions of certain...

Share your insights here The German Federal Ministry of Justice (Bundesjustizministerium) has unveiled a draft bill to update the arbitration provisions in the German Civil Procedure Code (ZPO). This represents the first thorough revision since 1998, after the 2024 effort failed when the then administration ended prematurely. Drawing on the 2024 public consultation, the proposal responds to central criticisms and primarily seeks to boost Germany’s appeal as a seat of arbitration. The key developments and their practical significance are set out below. Form of the arbitration agreement According to the revised Section 1031(1) ZPO, an arbitration agreement will be valid if it is made or recorded in writing, or via any medium that permits later access to the information. The rule is further modernised by removing outdated references, including to “telegrams”, and adopting a technology-neutral approach. This aligns with Option 1 in Article 7 of the 2006 UNCITRAL Model Law. In this respect, the new draft substantially diverges from the 2024 version, which would have dispensed with...

Service after the issue of a financial application This Practice Note sets out how service should be handled once a financial application engaging the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, has been issued, covering applications for financial orders and financial remedy claims. It reviews the service provisions within FPR 2010, highlights best practice for effecting service, and explains the service of proceedings—whether undertaken by the court or by the applicant—on the respondent and on third parties. It addresses the service requirements for interim financial applications, proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), and claims brought under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975)...

How to use this index This Practice Note offers an index with links to the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955—the main procedural rules that apply to family proceedings—together with all supporting Practice Directions. Use the 'Table of Contents' tab on the left-hand side of the screen; it will expand to reveal every Part of FPR 2010 and the associated Practice Directions for each individual Part. To open material within FPR 2010, select the margin note to the right of the text for the specific Part or Practice Direction you wish to consult. When you are inside a Part of FPR 2010, click the 'Table of Contents' tab on the left to then expand that Part, display all rules contained in it, and allow you to navigate to the relevant provision you are interested in or require. Within FPR 2010, the 'Table of Contents' tab also lists all other Parts of FPR 2010, and individual rules can be navigated to by clicking on each relevant...

This Practice Note explores when, why, and the ways in which you may seek declaratory relief (a declaration from the court), together with the considerations the court will apply when exercising its discretion. It outlines the current position and offers practical direction on interpreting and applying the relevant CPR provisions. Depending on the forum in which your matter proceeds, you should also be alert to additional provisions—see further: Court specific guidance below. For guidance on using declarations in cross-border disputes, see Practice Note: Cross-border injunctive and declaratory relief—a guide for dispute resolution practitioners. What is declaratory relief? Also known as a declaratory judgment or a declaration, it is a discretionary remedy that a party may ask the court to grant. In simple terms, it is a statement by the court made at the request of a party. The court may declare parties’ rights, confirm the existence of facts, or state a principle of law, where those rights, facts, or principles have been proved to the court’s satisfaction (Financial...

[ Date ] [ Client's name and address ] Dear [ insert client name ] Re: Injunctive relief I write to advise you regarding your intended application for an interim injunction against [ name of party ], sought in order to [ insert reason for and type of injunctive relief being sought ]. An injunction is a court order that compels a party to carry out a particular act (a mandatory injunction) or prevents a party from undertaking a particular act (a prohibitory injunction), either compelling performance or restraining conduct. The purpose of an interim injunction is to preserve the existing position and/or reduce potential unfairness ahead of a claim or issue being resolved. When deciding whether to grant such relief, the court will consider whether, among other matters: there is a serious issue to be tried; damages would probably be an adequate remedy for any loss that might be suffered if the injunction were refused; granting relief...

Interim possession order (IPO) An interim possession order (IPO) is a remedy that can be sought solely in relation to trespassers, and non-compliance—by not vacating the premises within 24 hours—constitutes a criminal offence (Criminal Justice and Public Order Act 1994, s 76). This extends to anyone who departs and then returns (CJPOA 1994, s 76(4)). Procedural requirements for applications are set out in CPR 55.21–28...