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A discretionary remedy whereby the court orders a defendant to do (mandatory injunction), or refrain from doing (prohibitory injunction) something.
It is an equitable remedy, and is available both as an interim remedy pending the final disposal of an action, and as a final remedy.
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Defective title insurance—checklist A Checklist for use when acting for a buyer who is considering taking out a policy or relying on an existing policy to plug a defect in title revealed during the due diligence process. A title is defective where it is not good and marketable (see Practice Note: What is a good and marketable title?) or where there is a risk that a third party could establish an interest adverse to the title. In the right circumstances, the right policy can be a useful tool which enables the transaction to proceed and the buyer to secure finance. However, care must be taken to ensure that the policy is worth the paper that it is written on. It is important to consider whether insurance might be the best approach as early as possible, particularly as insurance is not normally available where the party with the benefit of the relevant right or covenant has been approached. Insurance distribution—regulatory requirements Solicitors need to be aware of their duties and obligations...
Landlord steps to take if tenant becomes insolvent—checklist This Checklist covers issues that a landlord should consider in the event of tenant insolvency, including the remedies available to the landlord such as Commercial Rent Arrears Recovery (CRAR), forfeiture, drawing down on a rent deposit, and pursuing former tenants, guarantors and sub-tenants. It also covers practical points for a landlord to consider in relation to securing and marketing the property and contacting the insolvency practitioner. What type of insolvency scenario applies to the tenant? Dependent on the type of insolvency arrangement that applies, there are different remedies available to the landlord and different restrictions will apply. For a table summarising the restrictions, see Practice Note: Quick guide to property insolvency—Insolvency of a tenant. Has contact been made with the insolvency practitioner? It is important to contact the relevant insolvency practitioner to assess the position the tenant is in and what, if any, chance there is of any debts being repaid, future rents being secured or the tenant recovering from the insolvency...
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UK design infringement action—flowchart This Flowchart provides an overview of a UK design infringement action. The specific right relied on could be one of the following design rights which coexist in the UK: • UK registered designs (including re-registered designs) • UK unregistered designs (sometimes referred to as ‘design right’) • supplementary unregistered designs For more information about these rights, see Practice Note: UK registered and unregistered designs. Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Infringement of UK registered and unregistered designs • Design disputes—a practical guide • How to run an IP dispute • Copyright in designs • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme • Disclosure scheme—when and where it applies Claim preparation and pre-action matters—Precedent • Disclosure Scheme timetable—checklist Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Stage 2—Letter before action alleging infringement Letter before...
UK trade mark infringement action—flowchart Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Trade mark infringement—UK • Trade mark offences • Trade mark and passing off disputes—a practical guide • Trade mark infringement and interim injunctions • How to run an IP dispute • Privilege and intellectual property • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme • Disclosure scheme—when and where it applies Claim preparation and pre-action matters—Checklist • Disclosure Scheme timetable—checklist Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Stage 2—Letter before action alleging infringement Letter before action—Practice Notes • Trade mark infringement—UK • Trade mark and passing off disputes—a practical guide • Unjustified threats of intellectual property right infringement • How to draft a letter of claim in an IP dispute Letter alleging trade mark infringement—Precedent • Letter of claim—trade mark infringement Stage 3—commencing proceedings Commencing...
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This Practice Note considers anti-suit injunctions which are a form of injunctive relief used to restrain a party from either commencing or continuing court proceedings. It explains what an anti-suit injunction is and the power of the courts to grant such an injunction. It then explores the basis on which an anti-suit injunction may be refused or granted. It considers the effect of a breach of an anti-suit injunction as well as the impact of foreign anti-suit injunctions on proceedings in the courts of England and Wales. Single forum anti-suit injunctions are also explained.For guidance on:•making an application for an anti-suit injunction, see Practice Note: Anti-suit injunctions—making an application•anti-suit injunctions and the EU, see Practice Note: Anti-suit injunctions and EU court proceedings•anti-suit injunctions in support of arbitration, see Practice Note: Anti-suit injunctions in support of arbitration (England and Wales)Different considerations apply when dealing with the following:•an anti-enforcement injunction to restrain a judgment creditor from taking proceedings to enforce a judgment. For guidance, see Practice Note: Anti-enforcement injunctions•an anti-suit injunction where...
Social media and user-generated content This Practice Note examines some of the key risks associated with a brand’s usage of social media and user-generated content (UGC). Its particular focus is on the potential infringement of third party rights, such as intellectual property (IP). It provides practical guidance on how parties engaged in such activities can mitigate those risks. Social media Social media is an extremely popular means of communicating online. Based on user participation and interaction, social media takes a variety of forms, including: • online social and business networking (eg Facebook, LinkedIn, Snapchat, Instagram) • online blogs (eg Twitter (now X), Blogger.com) • online forums (eg Mumsnet, Reddit) • online shops and auctions (eg eBay, Amazon) • online digital media sharing (eg YouTube, Vimeo, Flickr, TikTok) • online reference texts (eg Wikipedia) • online games and applications (eg World of Warcraft) User-generated content Increasingly, businesses are encouraging consumers to contribute material to social media platforms and are incorporating these contributions into consumer-focused advertising and marketing campaigns. Often, this might...
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Letter of claim—peer-to-peer copyright infringement Letter of claim [Alleged infringer’s name and address] [Date] Dear [insert organisation name] Copyright infringement: [Name and description of copyright works] We are writing on behalf of [name and address of client] (‘our client’). We are writing to you about your activities and actions, which amount to an infringement of our client’s copyright. [Name of client] Our client operates in [describe: eg the computer games industry; what the copyright owner does; who in the company produces the copyright works, if relevant, how they are employed and what the copyright work is. Define or give the name of the copyright work]. Our client is the [owner OR owner-assignee OR non-exclusive licensee OR exclusive licensee] of copyright in the copyright work, a copy of which is available for inspection at our offices on request. [In accordance with section 11(2) of the Copyright Designs and Patents Act 1988 (CDPA 1988), our client owns the copyright subsisting in the copyright work because it is...
Draft order for a worldwide freezing injunction (WFO)—Chancery Division Claim No. [insert claim number] IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]] ] [Specify specialist court] (ChD) before [The Honourable Mr Justice OR The Honourable Mrs Justice] [insert name of judge] [(sitting in private)] Dated: [insert date of order] between: [insert name(s) of Applicant(s)] Applicant(s) — and — [insert name(s) of Respondent(s)] Respondent(s) [The Claimant and Defendant in an Intended Action] _______________________________________ draft FREEZING order _______________________________________ PENAL NOTICE If you [insert name of respondent] disobey this order you may be held to be in contempt of court and may be imprisoned, fined or have your assets seized. Any other person who knows of this order and does anything which helps or permits the Respondent to breach the terms of this order may also be held to be in contempt of court and may be imprisoned, fined or have their assets seized....
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When must an order be served on a respondent following a without notice application? In many cases the court will serve the order. Where the applicant is to serve, the precise requirements for serving the order are likely to vary according to the terms of the order granted and any undertakings given by the applicant. In most cases, the order itself will stipulate when it is required to be served by the applicant. There is no specific guidance in the CPR, practice directions, authorities or Court Guides providing a deadline as to when an order made subsequent to a without notice application must be served with the exception of the following: • if dealing with proceedings in the Chancery Division, a court practice note sets out the procedure to be applied but does not stipulate any specific time limits. However, it does state that if the order is picked up from a collection tray at court then the law firm has a responsibility to make sure...
Can the Family Court in the course of family proceedings order someone to remove photographs that have been posted online if they relate to either the children of the family or one of the parties? A court may, of its own motion or on an application from a party within family proceedings, make a non-molestation order under section 42(2) of the Family Law Act 1996 (FLA 1996). Such an order prohibits a person from molesting another person who is associated with the respondent, or from molesting a relevant child. Such an order can therefore provide protection not just to an adult party within family proceedings, but also to a child of the family. ‘Molestation’ is not defined in the FLA 1996, but it includes conduct which is not violent, and extends to cover conduct that amounts to harassment that calls for the intervention of the court (C v C). Injunctions can be used to prohibit online activity. In Gibbs v Gibbs the respondent was committed...
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This week's edition of Environment weekly highlights includes: news analysis on the Department for Environment, Food and Rural Affairs (Defra)'s consultation aiming to refine the biodiversity net gain (BNG) framework to better accommodate minor, medium, and brownfield developments. In addition this week, Defra has announced plans to introduce a Bill by the end of 2025 to enable the UK's ratification of the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, also known as the High Seas Treaty, the Office for Environmental Protection (OEP) has filed its written submissions in the appeal of R (Rights Community Action Ltd) and has found potential breaches of environmental law on wild bird protection by Defra and Natural England, and Defra has announced that new provisions under the Water (Special Measures) Act 2025 (W(SM)A 2025) have come into effect, banning bonus payments for senior executives at six water companies.
This week's edition of IP weekly highlights includes: a hand-picked summary of news analysis, updates and new content from the world of IP. These highlights focus on the key rights of copyright and associated rights, database rights, trade marks and passing off, designs, and patents, as well as covering issues relating to confidential information, know-how R&D and IP disputes all mainly from a UK and European perspective.
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