1-20 of 29 Results

  • Keyword: civil remedies x
Clear all

Chapter

Alisdair A. Gillespie and Siobhan Weare

This chapter discusses the remedies that can be sought from the civil courts and how an appeal is made against a decision. It covers interim and final remedies; route of appeals; leave; the hearing; appeals to the Supreme Court; and examples of appeals. There are many different types of remedies that a court can award to a successful litigant. The most common form of remedy is that which is known as ‘damages’. Appeals in the civil courts follow a slightly more complicated structure than in criminal cases. In order to appeal in the civil cases it is usually necessary to seek permission before proceeding with a civil appeal. Save where it is a final decision in a multi-track case, the usual rule is that the appeal will be heard by the next most senior judge.

Chapter

Alisdair A. Gillespie and Siobhan Weare

This chapter discusses the remedies that can be sought from the civil courts and how an appeal is made against a decision. It covers interim and final remedies; route of appeals; leave; the hearing; appeals to the Supreme Court; and examples of appeals. There are many different types of remedies that a court can award to a successful litigant. The most common form of remedy is that which is known as ‘damages’. Appeals in the civil courts follow a slightly more complicated structure than in criminal cases. In order to appeal in the civil cases it is usually necessary to seek permission before proceeding with a civil appeal. Save where it is a final decision in a multi-track case, the usual rule is that the appeal will be heard by the next most senior judge.

Chapter

This chapter examines remedies for police malpractice, discussing: the (non-) prosecution of police officers; civil rights and remedies; the police complaints system; trial remedies; and understanding police malpractice.

Chapter

This chapter discusses the rules for judicial review. Judicial review lies against public bodies and must be brought by a person with a sufficient interest. There are six remedies available on applications for judicial review (quashing order, mandatory orders, prohibitory order, declaration, injunction, and money awards). Before commencing judicial review proceedings, a claimant should comply with the judicial review pre-action protocol. Permission must be sought to proceed with a claim for judicial review. Defendants must be served with the judicial review claim form, and unless they acknowledge service they cannot appear at the permission hearing unless the court allows them to attend.

Chapter

This chapter discusses the rules for judicial review. Judicial review lies against public bodies and must be brought by a person with a sufficient interest. There are six remedies available on applications for judicial review (quashing order, mandatory orders, prohibitory order, declaration, injunction, and money awards). Before commencing judicial review proceedings, a claimant should comply with the judicial review pre-action protocol. Permission must be sought to proceed with a claim for judicial review. Defendants must be served with the judicial review claim form, and unless they acknowledge service they cannot appear at the permission hearing unless the court allows them to attend.

Chapter

The main purpose of most litigation is to secure a remedy or relief. That is the reason why the claimant starts the action, and it should be the focus of many decisions relating to the case. From the first contact with the client, lawyers must be clear about what the client really wants to achieve, and decisions about causes of action, evidence, and interim applications should focus on the remedies and relief being pursued. This chapter discusses the remedies a court can and cannot order; claims for damages; quantification of damages; and claims for interest on top of claims for the payment of a sum of money or damages. The final section covers the importance of taking a proactive approach to claiming and quantifying damages.

Chapter

Cohabitating relationships are not covered by the same coherent body of law available to married couples or civil partners. Many cohabitants mistakenly believe that they acquire legal rights after a number of years of cohabiting, but this is incorrect. Many clients are shocked to find that they have few legal remedies, and that available are far from straightforward. This chapter begins with a comparison of marriage, civil partnership, and cohabitation. It then goes on to discuss the law on cohabitation contracts, as well as case-law relating to this. The Law Commission Proposals and future developments on cohabitation are then discussed.

Chapter

This chapter discusses the enforcement procedures used in relation to intellectual property rights, the civil remedies that apply, and some issues which arise in relation to the gathering of evidence in intellectual property cases. It identifies three essential elements in the relationship between intellectual property rights and remedies. First, there are the traditional remedies headed by damages that are normally granted at the trial. Second, intellectual property infringement often requires immediate action or a pre-emptive strike. Finally, gathering evidence that is vital for the full trial in an infringement case.

Chapter

This chapter discusses the rules for judicial review. Judicial review lies against public bodies and must be brought by a person with a sufficient interest. There are six remedies available on applications for judicial review (quashing order, mandatory orders, prohibitory order, declaration, injunction, and money awards). Before commencing judicial review proceedings, a claimant should comply with the judicial review pre-action protocol. Permission must be sought to proceed with a claim for judicial review. Defendants must be served with the judicial review claim form, and unless they acknowledge service they cannot appear at the permission hearing unless the court allows them to attend.

Chapter

Cohabitating relationships are not covered by the same coherent body of law available to married couples or civil partners. Many cohabitants mistakenly believe that they acquire legal rights after a number of years of cohabiting, but this is incorrect. Many clients are shocked to find that they have few legal remedies, and that available are far from straightforward. This chapter begins with a comparison of marriage, civil partnership, and cohabitation. It then goes on to discuss the law on cohabitation contracts, as well as case-law relating to this. The Law Commission Proposals and future developments on cohabitation are then discussed.

Chapter

Justine Pila and Paul L.C. Torremans

This chapter deals with the enforcement of IP rights. Such enforcement takes place in search of redress and that redress is obtained in the form of remedies. The discussion focuses on remedies at a national level, i.e. the content of the applicable law determined by the court with competent jurisdiction, be it at a procedural or substantive level. It first looks at civil remedies. Civil proceedings brought by private parties are the norm in the enforcement of private rights, and thus take the lion's share of the enforcement and remedies effort in relation to IP rights, since the latter are very clearly private rights. The chapter then turns to criminal remedies. While criminal proceedings do not play an important role in the area of IP, some offences do exist and these types of proceedings are specifically concerned with cases of infringement that are seen as particularly serious from a public policy point of view. Examples include actions against copyright or trade mark pirates.

Chapter

N V Lowe and G Douglas

This chapter discusses the law governing financial remedies in the context of a divorce, dissolution of a civil partnership, nullity, and separation. It deals with the court's powers and the procedures under which these are exercised.

Chapter

An order is a formal decision by the court granting a remedy or relief to a party, usually in the stages before the final determination of a case. Interim orders are sometimes made after the substantive hearing of a claim, and sometimes the relief granted at trial includes various types of orders. This chapter discusses pre-action interim remedies; obligation to apply early; applications with and without notice; interim hearings; summary determination of interim costs; and varying or revoking interim orders.

Chapter

This chapter considers directors' liabilities for company insolvency. Redress for breach of duty by directors is available through summary action for misfeasance (IA 1986, s. 212) while particular types of trading are targeted for civil recoveries, namely fraudulent trading (ss. 213, 246ZA) and wrongful trading (ss. 214, 246ZB). A liquidator or administrator may also seek to challenge certain transactions which took place in the run-up to liquidation or administration; for example, on the basis that they were transactions at an undervalue (s. 238) or intended to prefer a particular creditor (s. 239). More broadly, the overall conduct of the directors is reviewed in order to determine whether disqualification is an appropriate response.

Chapter

An order is a formal decision by the court granting a remedy or relief to a party, usually in the stages before the final determination of a case. Interim orders are sometimes made after the substantive hearing of a claim, and sometimes the relief granted at trial includes various types of orders. This chapter discusses pre-action interim remedies; obligation to apply early; applications with and without notice; interim hearings; summary determination of interim costs; and varying or revoking interim orders.

Chapter

One of the main issues that the parties need to consider when a marriage or civil partnership ends is the financial consequences of the divorce, dissolution, or judicial separation. Amongst other things, they need to consider where they are going to live and what money they need to live on in the future. Their current assets will need to be evaluated and divided accordingly. The parties do not always agree on how to do this. Whatever they decide, the court has to approve of the decision. The chapter looks at the courts' powers, the legal principles they apply, the practical implications, and the problems that may arise in financial remedy practice. A number of different scenarios are used to help with this analysis.

Chapter

Tort is the area of civil law which provides a remedy for a party who has suffered the breach of a protected interest. Different torts deal with different types of harm or wrongful conduct and the ‘ingredients’ for each of these torts are different; each with its own particular characteristics. This chapter discusses the types of loss or harm covered; competing interests; remedies; comparison of tort with contract law, criminal law, and human rights law; the aims of the law of tort (compensation and deterrence); and alternative routes to compensation. The influence of insurance and of the Compensation Act 2006 is included.

Chapter

An order is a formal decision by the court granting a remedy or relief to a party, usually in the stages before the final determination of a case. Interim orders are sometimes made after the substantive hearing of a claim, and sometimes the relief granted at trial includes various types of orders. This chapter discusses pre-action interim remedies; obligation to apply early; applications with and without notice; interim hearings; summary determination of interim costs; and varying or revoking interim orders.

Chapter

N V Lowe, G Douglas, E Hitchings, and R Taylor

This chapter begins with discussion of the definition and scale of domestic abuse; government strategy; and gender-based abuse as a breach of human rights. It then turns to the protection afforded by the criminal law, before considering a range of civil law remedies. Towards the end of the chapter, attention is given to law reform proposals in the Domestic Abuse Bill 2020.

Chapter

N V Lowe, G Douglas, E Hitchings, and R Taylor

This chapter discusses the law governing financial remedies in the context of a divorce, dissolution of a civil partnership, nullity and separation. It deals with the court’s powers and the procedures under which these are exercised.