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JUN
07

When will injunctive relief be granted?

Injunctive relief is a legal remedy granted by the court on the application of a party to require a defendant to either do something (a mandatory injunction) or to stop them from doing something (a prohibitory injunction) in order to protect property, reputation or business interests. Injunctive relief is an ancillary order and can be ordered alongside financial damages sought by the claimant. The award of this type of injunction requires the defendant to cease from certain actions or to take specific action pending the outcome of the proceedings, which is when a final injunctive order can be granted. If a party breaches an injunction, then they can be held in Contempt of Court which can ultimately lead to imprisonment.

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65 Hits
JUN
07

When would a security for costs be used and what are the benefits?

Generally, in litigation, the losing party is ordered to pay a substantial portion of the winning party's legal costs. Security for costs is a legal remedy that can be sought by a defendant who is concerned they are being pursued by opportunistic claimants who may not be able to (or want to) pay any costs awarded against it.

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  84 Hits
84 Hits
JUN
07

Making a claim: what happens after dispute resolution fails?

Parties are encouraged by the courts under the Civil Procedure Rules to attempt to resolve any dispute using alternative dispute resolution methods before issuing a formal legal claim. Methods of ADR that are used include negotiation, adjudication, arbitration, mediation and expert determination. However, ADR does not work in every case and in those circumstances, it may be that more formal court proceedings are necessary. The ADR process can still assist the parties even if the matter does need to proceed to court since they will understand more about the dispute from both sides and will have been able to evaluate the strength of the evidence against them. It is even possible to agree on some points of the dispute before the matter proceeds to court on the remaining issues.

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  96 Hits
96 Hits
JUN
07

Guide to limitation in dispute resolution

Parties have a set timeframe within which they can bring a civil claim or give notice to the other party that this is their intention. The main statute that covers limitation periods is the Limitation Act 1980. Limitation periods vary depending on the type of claim that is involved. This can be an issue where time is short, since parties are expected to exhaust alternative dispute resolution methods before issuing claims under pre-action Practice Direction protocols.

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  106 Hits
106 Hits
MAY
08

What Happens During Alternative Dispute Resolution?

Litigation is not only daunting; it can be lengthy and expensive and impact on the reputation and financial standing of the parties involved. To avoid this, Alternative Dispute Resolution (ADR) covers the methods that can be used to deal with disputes without having to go to court. ADR should initially be considered to solve any disputes. ADR has various features that make it an appealing alternative to using the courts:

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176 Hits

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