Legal Practice Notes

This Practice Note examines the damages undertaking—often called a cross‑undertaking—that an applicant must offer the court as the price of securing an interim injunction. You should also consult the following Practice Notes: Interim injunctions—undertakings, setting out the core principles on giving undertakings for interim injunctive relief Freezing injunctions—cross‑undertakings and fortification, especially on fortifying cross‑undertakings The principles in this Practice Note, read with the two notes above, have broad application whenever interim injunctive relief is sought. For guidance on particular orders—freezing, proprietary, search and imaging—see: Freezing injunctions—overview Proprietary asset preservation injunctions—overview Search and imaging orders—overview This Practice Note explains how the relevant CPR provisions should be interpreted and applied. Depending on the court dealing with your case, additional requirements may arise—see Court specific guidance below. 6 April 2025 changes The CPR provisions on interim injunctive relief were amended with effect from 6 April 2025. In particular, CPR 25 was...

This Practice Note examines the American Cyanamid test used by the courts to determine whether to grant temporary injunctive relief. It sets out the sources of the court’s authority and the principles that inform a judge’s discretion when considering an interim injunction application under those guidelines. For wider guidance on injunctive relief, including the distinction between interim and final, and between prohibitory and mandatory orders, see Practice Note: Injunctions—guiding principles. For interim remedies focused on preserving assets and/or evidence, see: Freezing injunctions—guiding principles Proprietary freezing injunctions Search and imaging orders—guiding principles Interim delivery up orders and preservation of property This content should also be read in conjunction with: Interim injunctions—on notice applications Interim injunctions—without notice applications Interim injunctions—drafting the order Guiding principles for interim injunctions The jurisdiction to grant interim injunctions arises from section 37(1) of the Senior Courts Act 1981 and CPR...

ARCHIVED: This Practice Note relies on provisions that were revoked on 1 April 2013, and is kept solely for historical reference and context purposes. Following the creation of the Supreme Court, the Supreme Court Costs Office has now been renamed the Senior Courts Costs Office. The related guide has not yet been updated and therefore still carries the title Supreme Court Costs Office Guide. When to apply A receiving party may seek an interim costs certificate at any point once a request for detailed assessment has been lodged. The court may issue an interim costs certificate for such sum as it considers appropriate. After the receiving party has submitted a request for a detailed assessment hearing, the court retains power to vary or set aside an interim certificate at any time. When is an interim costs certificate appropriate?......

Practice Note This Practice Note explains the requirements governing interim orders in public law children court cases, setting out the tests and character of such orders, together with their length, impact and discharge. It further offers direction on assessments and medical or other examinations within interim stages. Interim orders comprise interim care orders ( ICOs) and interim supervision orders ( ISOs)......

This Practice Note sets out the principal considerations when assessing if, and to what breadth, costs of interim applications can be recovered. It reviews the range of costs orders that may follow an interim application hearing, and explains the approach where an interim application is settled. It also touches on applications within the fixed costs regime and the consequences of non-payment of interim costs orders. Right to costs recovery following an interim application Even a successful party has no automatic entitlement to the costs of issuing or opposing an interim application. Recovery depends entirely on the court’s discretion. Where the court chooses to award costs, the order must expressly provide for them. In the absence of any costs provision, the order is treated as making no award to either side, notwithstanding that one (or more) party may have succeeded on the...

Interim remedies and arbitration in the UAE Interim remedies in the UAE are, as a rule, harder to secure than in jurisdictions such as England and Wales or the United States. Local UAE courts typically do not recognise injunctions or similar forms of interim relief, save for limited exceptions. In contrast, the Dubai International Financial Centre ( DIFC) courts apply common law principles, so are more inclined to grant interim measures and have authority to make a wider range of orders. The tests the DIFC courts use when deciding whether to award an injunction will be familiar to lawyers from common law backgrounds. While this may reassure contracting parties choosing a DIFC courts jurisdiction clause, an interim order issued by the DIFC will be immediately effective only against assets, persons, or property located within the DIFC special economic zone. A claimant may then face...

For a primer on arbitration in Qatar, refer to Practice Note: Arbitration in Qatar—an introduction. Interim relief—the tribunal’s powers to grant interim remedies Qatar Law No. 2/2017 promulgating the Civil and Commercial Arbitration Law (the ‘ Qatari Arbitration Law’) sets out arbitral tribunals’ powers to order provisional measures or interim awards. Earlier legislation— Articles 190–210 of Qatar Law No. 13/1990 under the Civil and Commercial Procedure Law ( CCPL)—contained no express basis authorising tribunals to issue provisional or conservatory measures or interim awards. By contrast, the Qatari Arbitration Law confers comprehensive authority on tribunals to grant such relief where the dispute demands it, or to prevent irreparable harm. The measures may include, without limitation: preserving or restoring the status quo until the dispute is determined adopting steps to avert current or imminent damage, to protect the arbitration process itself, or to prevent procedures likely to cause such damage or...

The Arbitration Act 1996 ( AA 1996) The Arbitration Act 1996 ( AA 1996) governs arbitrations whose seat is in England and Wales, or in Northern Ireland. In those circumstances, the AA 1996 recognises two forms of emergency powers: default powers vested in the tribunal, which operate unless the parties agree to disapply them court powers available to support an arbitral tribunal seated in England and Wales or Northern Ireland This Practice Note sets out both categories of powers. The tribunal’s powers The tribunal’s authority to grant interim relief is contained in AA 1996, s 38. Reflecting the principle of party autonomy, s 38(1) first confirms that the parties may determine the scope of the tribunal’s powers for the conduct of their arbitration. Frequently, this is achieved by incorporating institutional arbitration rules into the arbitration agreement, or by agreement between the parties in an ad hoc...

Interim Remedies in the Netherlands–introduction Interim measures aim to avert irreparable loss, maintain the existing position, or provisionally govern behaviour until a decision on the merits, and they must be capable of reversal and avoid prejudging the dispute. Dutch State courts have traditionally taken a generous stance in granting urgent interim relief in preliminary relief proceedings. The same approach is mirrored in arbitration. Dutch arbitration law is contained in the 4th book of the Dutch Code of Civil Procedure ( DCCP), commonly called the Netherlands Arbitration Act. Since 1986, the Netherlands Arbitration Act has empowered tribunals to award urgent preliminary relief, and this occurs in numerous arbitrations. This note explains why Dutch interim remedy practice is distinctive and how both judges and arbitral tribunals assess and order such measures. It outlines their reasoning and outcomes in...

What are interim loan agreements? Interim loan agreements are concise loan contracts put in place as a bridge until the full suite of finance documents is settled. When and why are interim loan agreements used in acquisition finance transactions? They are commonly adopted where a target group is being sold via an auction process, or where the timetable to completion is otherwise compressed. In such competitive, accelerated scenarios, the window to negotiate and execute complete finance documentation is curtailed. In addition, ‘certain funds’—while not a strict legal prerequisite in private acquisitions—is frequently expected, and interim loan agreements are regarded as a clear demonstration that funding is readily available (for further details on certain funds, refer to the introductory guide to leveraged finance facilities agreements—utilising, repaying and prepaying the facilities). Where a target sale proceeds by auction, bidders compete to show the vendor they can close...

Interests in securities— Setting the scene This Resource Note addresses how the City Code on Takeovers and Mergers (the Code) defines “interests in securities”. It signposts core materials, commentary and guidance from the Panel on Takeovers and Mergers (the Panel), together with Lexis+® UK analysis and resources, to give practical assistance on interpreting and applying the expression. Code and Lexis+® UK resources Practice Statements from the Panel Executive (the body responsible for the day-to-day supervision and regulation of takeovers) offering informal guidance on how the Executive generally reads and applies the Code Panel Statements ( P/ S) and Panel Instruments Public Consultation Papers ( PCP) and Response Statements ( RS) issued by the Code Committee Annual Reports from the Panel discussing overarching matters Relevant Lexis+® UK resources What it covers The Code definition and Notes apply in the same way to...

This Practice Note sets out guidance on recovering interest on judgment debts. For details on interest at the point of issue: a claim—see Practice Note: Claiming interest a foreign currency claim—see Practice Note: Foreign currency claims—interest on damages claims and judgment debts When and at what rate do judgment debts attract interest? By virtue of section 17 of the Judgments Act 1838 ( JA 1838) and the Judgment Debts ( Rate of Interest) Order 1993, SI 1993/564, judgment sums accrue simple interest at 8% per annum until paid, unless court rules provide otherwise. This rate has applied since 1 April 1993. The court has no power to alter the statutory rate under JA 1838 ( School Facility Management v Governing Body of Christ the King College (applying Rocco Giuseppe v Tradax Export and Chubb v Dean) and Schlumberger Holdings v...

This Practice Note examines matters concerning interest in the context of foreign currency claims. It addresses seeking interest on claims stated in a foreign currency, issues where the substantive law is a foreign law, and interest on judgment debts expressed in a foreign currency. For guidance on foreign currency claims, see Practice Note: Foreign currency claims. For guidance on foreign currency aspects of costs orders and interest on costs, see Practice Note: Cross-border disputes—costs considerations. For general guidance on: interest, see Practice Notes: Claiming interest and Claiming interest—compound interest judgment debt, see Practice Note: Interest on judgment debts Pleading interest Where a claim is advanced in a foreign currency, interest can be sought by reference to the applicable foreign rate. For the court to apply that foreign rate, it must: be pleaded in the particulars of claim (see Practice Note: Claiming...

This Practice Note sets out the method, and the commencement date, for interest due on financial awards upheld or amended on EAT appeal...

This Practice Note reviews the law and practice on awarding interest on damages and costs in international commercial arbitration, with specific reference to the law of England and Wales and the Arbitration Act 1996 ( AA 1996). It also draws on comparative guidance from investment treaty arbitration. To compare this issue across jurisdictions globally, see our International Comparator Tool. Which law determines the award of interest in arbitration proceedings? The decision whether to award interest, and the appropriate rate, rests with the arbitral tribunal, which must first identify the basis for awarding interest. In doing so, the tribunal will assess: any agreement between the parties (in the arbitration agreement, the main contract, or reached later) the terms of any applicable arbitral rules or legislation (including provisions for statutory interest) the relevant applicable law In practice, any express agreement by the parties will be...

Individuals who succeed in wrongful dismissal proceedings, leading to a compensation award, can be paid specified amounts either ahead of or after the time at which they would have obtained those amounts if they had continued in employment, as applicable......

What is a fixed interest trust/interest in possession for trust law purposes? The entitlement a beneficiary holds in trust property can take the form of a fixed interest, conferring a right to income and/or capital, or it can hinge on the trustees’ exercise of a discretionary power (or that of another holder of a power) to confer benefits, after which the beneficiary acquires a fixed, limited or absolute, interest in the relevant property. It should be borne in mind that the concepts used in trust law and in tax law do not align; thus an interest in possession ( IIP) for trust law purposes will not automatically amount to a qualifying IIP ( QIIP) for inheritance tax ( IHT) treatment. If the trust is governed by a system of law other than that of England & Wales, the construction of its terms falls to that...

Interest Interest is a key concept within UK tax law. In particular, a duty to withhold UK income tax can arise on payments of specified categories of interest; for further detail, see Practice Note: UK withholding tax on yearly interest. Be aware that, from 6 April 2016, the tax deduction scheme for interest ( TDSI) no longer applies. Broadly, before 6 April 2016, the TDSI obliged a deposit-taker (ie a bank) to deduct UK income tax from interest paid or credited before 6 April 2016 on a deposit held by a UK resident individual, an individual’s personal representatives or trustees. For interest paid or credited on or after 6 April 2016, alongside the abolition of the TDSI (given effect by removing section 851 of the Income Tax Act 2007 ( ITA 2007)), an express exemption confirms there is no requirement to withhold UK income tax under ITA...

This Practice Note examines and summarises the position on interdict and interim interdict in Scotland. For guidance on: some other forms of relief in Scottish civil litigation, see the Practice Notes titled Retention and rescission in Scottish civil litigation, and Specific implement and interim specific implement in Scottish civil litigation the nearest equivalent procedures in England and Wales, see: Interim and final injunctions—overview, Freezing injunctions—overview, and Search and imaging orders—overview, which, as well as setting out overviews of these different forms of injunction, link through to more detailed guidance on diverse aspects of such injunctions in England and Wales Key: CCA 1981— Contempt of Court Act 1981 CSA 1988— Court of Session Act 1988 CR( S) A 2014— Courts Reform ( Scotland) Act 2014 RCS— Rules of the Court of Session 1994 SCCR— Act of Sederunt ( Sheriff Court Caveat Rules) 2006, SSI 2006/198 SC( S) A 1907— Sheriff Courts (...

Intercreditor arrangements—initial considerations Do I need an intercreditor arrangement? An intercreditor arrangement ought to be established whenever two or more creditors of the same person or entity want to amend or confirm the position at law concerning creditor issues. Typical matters addressed include: the sequence in which creditors are to be repaid on an insolvency the sequence for payments from the proceeds realised through enforcement of security any limits on repayments or other payments to a creditor before insolvency any limits on a creditor enforcing its security or pursuing a debt claim against the entity, and any limits on a creditor making additional debt available to that entity Where no contractual intercreditor arrangement exists, on insolvency secured creditors, subject to certain exceptions for floating charges, rank ahead of unsecured creditors, who rank pari passu (subject to priority debts). As between...