What does Interim remedy mean? An interim remedy is a court order granted urgently or at an early stage to preserve the status quo, protect assets, evidence or legal rights, pending final determination of the dispute. The term is descriptive across the UK and Ireland; in England and Wales it is reflected in CPR Part 25, in Northern Ireland under the Rules of the Court of Judicature, in Scotland through interim interdict and diligence on the dependence, and in Ireland under the Rules of the Superior Courts and case law. Common forms include interim (interlocutory) injunctions, freezing orders (Mareva), search orders (Anton Piller), orders to...
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This Practice Note examines interim remedies in arbitrations connected with Australia. Such measures can be ordered by the arbitral tribunal, or by a court in aid of the arbitral process. The need for interim measures can surface in any category of dispute, at various stages of the case, and they may be fashioned in several forms. They may be sought at different times during the proceedings. In international arbitration, the avenues to obtain interim protection differ depending on a number of factors, including the nature of the measure sought and the jurisdiction where Enforcement is required. By way of illustration, parties may need a worldwide Freezing order where assets are spread across numerous jurisdictions, or a freezing order in a jurisdiction other than the seat of the arbitration because the relevant assets are situated there. Alternatively, it may be necessary to seek an anti-suit injunction from a court to restrain court proceedings brought in breach of an arbitration agreement. In this Practice Note we identify the interim remedies that may be granted by:
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...