Rescission of a contractWhat is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract,...
The doctrine of res judicataWhat is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of...
Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For...
Tort—the different types of tortThis Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related...
Proprietary freezing injunctionsThis Practice Note provides guidance on proprietary injunctions (also referred to as proprietary freezing injunctions) which prevent a defendant from dealing with particular assets over which the claimant asserts a proprietary right pending trial. It explains the
Interim injunctions—without notice applicationsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.When
Injunctions—guiding principlesWhat is an injunction?An injunction is defined in the glossary to the CPR as ‘a court order prohibiting a person from doing something or requiring a person to do something’. It is a tool used by the courts to prevent injustice.The power to grant injunctions is extremely
Interim injunctions—the American Cyanamid guidelinesThis Practice Note is concerned with substantive interim injunctions, which are a particular species of injunction granted on a temporary basis ahead of trial. As set out below, there are different considerations depending on whether the interim
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