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Chapter

Cover Contemporary Intellectual Property

21. IP enforcement and remedies  

This chapter discusses civil intellectual property enforcement and remedies available in the event of infringement. It considers the UK rules on liability for groundless threats of infringement, including recent UK legislative developments in this field. It goes on to consider a range of interim remedies (including interim injunctions) and final remedies (including injunctions, intermediary injunctions, publicity orders, damages, and accounts of profits), all in the context of the EU IP Enforcement Directive and Court of Justice and UK case law developments.

Chapter

Cover Contemporary Intellectual Property

21. IP enforcement and remedies  

This chapter discusses intellectual property enforcement and remedies available to an IP right holder in the event of an infringement of a right. It considers the UK rules on liability for groundless threats of infringement, including recent UK legislative developments in this field. It goes on to consider a range of interim remedies (including interim injunctions) and final remedies (including injunctions, intermediary injunctions, publicity orders, damages, and accounts of profits), all in the context of the EU IP Enforcement Directive and recent Court of Justice and UK case law developments. It also reviews criminal IP enforcement and enforcement considerations arising at an international level under TRIPS.

Chapter

Cover An Introduction to the Law of Trusts

4. Promises to Make Trusts  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. A settlor will generally want the trusts he makes to come into effect immediately. Sometimes, however, a settlor may plan to make a trust, but, despite being able to do so immediately, decide not actually to do so, perhaps because the circumstances are not quite right. Or he may not yet have the property that he plans to put on trust. In such cases, the settlor might want to bind himself to make the trust if and when things improve. This chapter looks at the ways in which settlors might go about making such commitments. One possibility is for the settlor to have a document drawn up containing the terms of his intended trust and saying that the trust is to come into effect on receipt of the property in question, and then to arrange for the property, when it materializes, to be sent directly to the trustee. A would-be settlor may also want positively to commit himself to make a trust of property when he gets it in the future by making a contract to that effect. The enforceability of contracts to make trusts and the unenforceability of covenants to make trusts for volunteers are discussed.

Chapter

Cover Contract Law

4. Privity  

Can a contract alter the rights and liabilities of a third party who is not privy to the contract? This chapter addresses the following questions: (1) Why is the general rule that only contract parties can sue on a contract? (2) What rights of enforcement does the Contract (Rights of Third Parties) Act 1999 confer on a third party? (3) What is the impact of the 1999 Act on the requirement that a contract claimant must have given consideration? (4) To what extent can a promisee enforce a contract for the benefit of a third party? (5) Aside from the 1999 Act, what legal avenues exist for third parties to enforce promises made for their benefit? (6) When and how does a contract bind third parties?

Chapter

Cover Competition Law of the EU and UK

4. International issues and the globalization of competition law  

This chapter draws a distinction between public, institutional enforcement of competition law, which may raise issues of public international law, and private actions before national courts. The coexistence of competition law regimes around the world means that companies that trade internationally may find themselves subject to the law of a ‘foreign’ state. While in the US the effects doctrine is relied on to assert jurisdiction, in the EU there has been no explicit adoption of the effects doctrine. Instead, the EU relies upon an ‘implementation’ doctrine. Under principles of comity a state may recognize the interests of another state when applying its competition law. Multilateral initiatives have been taken to try to resolve difficulties, but there is at present no single global agreement on competition law.

Chapter

Cover A Practical Approach to Effective Litigation

27. Enforcing a Judgment  

The enforcement of a judgment is an issue that must be considered and managed as part of the litigation project from the start. Keeping enforcement in mind at each stage of the litigation process ensures that any possible problems with enforcement are taken into account in any cost-benefit analysis or risk assessment. This chapter first outlines the steps to assist enforcement, which includes deciding who to sue, gathering information, interim orders, settling the case, and drafting orders. It then discusses the methods of enforcing a judgment, including third party debt orders, changing orders, attachment of earnings, winding up and bankruptcy, execution against goods, orders for delivery/possession, receivership, and the use of contempt of court proceedings. The final section deals with the international enforcement of judgements, specifically enforcing a foreign judgment in the UK and enforcing an English judgment in another country.

Chapter

Cover Land Law

7. Licences  

This chapter discusses the nature, status, and characteristics of licences; the different types of licences that exist; what makes them distinct from other interests in land law; and how they can be brought to an end.

Chapter

Cover Steiner and Woods EU Law

9. State Liability  

This chapter outlines the development of the state liability doctrine under European Union (EU) law following the Francovich v Italy case. It explains that the principle of state liability provides individuals with a tool before their national courts to secure the enforcement of their rights under EU law. The chapter examines the scope and the conditions for liability; the criterion of a ‘sufficiently serious’ breach laid down in subsequent cases such as Brasserie du Pêcheur and Factortame and considers that there may be many hurdles to overcome in establishing a successful claim. It analyses its relationship with other Treaty provisions dealing with non-contractual liability.

Chapter

Cover Contract Law

3. Enforceability: consideration, promissory estoppel, formalities  

Agreement is necessary but not sufficient to trigger legal recognition and thus enforcement. An informal agreement must comprise an exchange in which each party treats her performance (or promise of performance) as the price of the other’s performance (or promise of performance). Absent consideration, English law permits some enforcement, in qualifying circumstances, of promises that induce the promisee’s reliance via the doctrine of promissory estoppel. It also enforces formal promises or agreements. This chapter discusses: (1) the requirements of consideration, promissory estoppel, and formalities; (2) the justification for each test of enforceability; (3) whether the rules and scope of each doctrine are satisfactory, and, if not, how each should each be developed.

Chapter

Cover Holyoak and Torremans Intellectual Property Law

32. Remedies in intellectual property litigation  

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

Cover International Law

5. Jurisdiction  

This chapter discusses the international legal concept of jurisdiction as well as the content of the relevant legal principles. The term jurisdiction relates to the authority of a state to exert its influence and power—in practice make, apply and enforce its rules—and create an impact or consequence on individuals or property. The chapter explains the difference between, respectively, the jurisdiction to prescribe and the jurisdiction to enforce and the main elements thereof. It analyses the different principles of prescriptive jurisdiction (the principle of territoriality, nationality, universality, protection and so-called passive personality) and discusses the issue of concurring jurisdictions as well as jurisdiction on ships and aircraft. It also discusses the prohibition on enforcing jurisdiction on the territory of another state as well as the legal consequences of violating that prohibition.

Chapter

Cover Essential Cases: Contract Law

Royal Bank of Scotland v Etridge (No.2) [2001] UKHL 44  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Royal Bank of Scotland v Etridge (No. 2) [2001] UKHL 44. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

Royal Bank of Scotland v Etridge (No.2) [2001] UKHL 44  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Royal Bank of Scotland v Etridge (No. 2) [2001] UKHL 44. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Sanders & Young's Criminal Justice

3. Arrest  

Alpa Parmar

This chapter examines how far the police are, and should be, allowed to infringe the freedom of the individual through arrest. It considers the legal rules that the police must follow when deciding to, and during, arrest, as well as their effectiveness in controlling the use of this power. This chapter considers the purpose of arrest and what reasons for arrest are lawful. The use of arrest in the context of suspected terrorism is explored, and ‘citizen arrest’ is also evaluated. Discussion about how the police use their discretion when exercising the power of arrest is situated in our understanding of police ‘working rules’. The chapter shows that arrest is used for many purposes, some more legitimate than others.

Chapter

Cover Criminology

23. Policing  

Trevor Jones

This chapter, which considers some key themes within policing research, begins by discussing the definition of ‘policing’, and its growth as a focus of political concern and criminological enquiry. It outlines the organization and structure of policing in England and Wales. The chapter then examines what the police actually do in practice; provides an overview of some contrasting models of policing; and explores several key debates within the policing literature.

Chapter

Cover Steiner & Woods EU Law

9. State liability  

This chapter outlines the development of the state liability doctrine under European Union (EU) law following the Francovich v Italy case. It explains that the principle of state liability provides individuals with a tool before their national courts to secure the enforcement of their rights under EU law. The chapter examines the scope and the conditions for liability; the criterion of a ‘sufficiently serious’ breach laid down in subsequent cases such as Brasserie du Pêcheur and Factortame and considers that there may be many hurdles to overcome in establishing a successful claim. It analyses its relationship with other Treaty provisions dealing with non-contractual liability.

Chapter

Cover Competition Law of the EU and UK

13. The economics of monopoly abuse  

This chapter considers the economics of monopoly abuse. A monopolist is a firm which is the sole supplier in a relevant market. Monopolists are able to determine the market price. This will be higher than the competitive price, with the quantity supplied being lower. This situation leads to a loss of welfare to society as a whole, and also a redistribution of income from some of the monopolist’s customers to the monopolist. The monopolist may also engage in wasteful strategic behaviour to protect its privileged position. In both the EU and UK regimes, competition enforcement is largely complaint driven. This forces the courts, and therefore economists as expert witnesses, to consider the (anti-)competitive impact of short-run activity that might be expected to have little in the way of long-run repercussions.

Chapter

Cover Competition Law of the EU and UK

7. Procedure: complaints and third-party rights  

This chapter focuses on the rights of those wishing to take action against an infringement of competition law, potentially with a view to being compensated for the harm they may have suffered. One option is going to the relevant competition authority and filing a complaint to trigger the public enforcement route, saving the cost of litigation. The other option is to seek competition law enforcement in private claims before the courts. Claimants may seek damages or other remedies, including injunctions. In the UK, damages may be sought before the Competition Appeals Tribunal (CAT) and before the national courts. Collective claims can only be brought before the CAT. The number of private actions is increasing, and efforts have been made both by the EU and UK legislators to encourage more private litigation.

Chapter

Cover International Law

5. Jurisdiction  

This chapter discusses the international legal concept of jurisdiction as well as the content of the relevant legal principles. The term jurisdiction relates to the authority of a state to exert its influence and power—in practice make, apply and enforce its rules—and create an impact or consequence on individuals or property. The chapter explains the difference between, respectively, the jurisdiction to prescribe and the jurisdiction to enforce and the main elements thereof. It analyses the different principles of prescriptive jurisdiction (the principle of territoriality, nationality, universality, protection and so-called passive personality) and discusses the issue of concurring jurisdictions as well as jurisdiction on ships and aircraft. It also discusses the prohibition on enforcing jurisdiction on the territory of another state as well as the legal consequences of violating that prohibition.

Chapter

Cover A Practical Approach to Civil Procedure

48. Enforcement  

Parties occasionally refuse to comply with the judgments and orders of the court. A range of enforcement procedures is available to ensure compliance. This chapter discusses enforcement of money judgments; enforcement of judgments for the delivery of goods; enforcement of judgments for the possession of land; contempt of court; and enforcement of foreign judgments.