2023년 2월 26일 일요일

What are the interim orders and interim remedies that the English courts can grant in English civil procedure.

In English civil procedure, interim orders and remedies are temporary measures that the court can grant to parties to a dispute to maintain the status quo or prevent harm until a final determination of the case is reached. The following are some examples of interim orders and remedies that the English courts can grant: Interim injunction: An interim injunction is a court order that requires a party to do or not do something until the final determination of the case. It can be granted to prevent harm or maintain the status quo, and can be mandatory or prohibitory. Freezing injunction: A freezing injunction is a court order that prevents a party from disposing of or dealing with their assets until the final determination of the case. It is typically granted to preserve the assets and prevent the dissipation of funds that may be needed to satisfy a judgment. Search order: A search order, also known as an Anton Piller order, is a court order that allows a party to enter and search the premises of another party to preserve evidence or prevent the destruction of evidence. Specific disclosure order: A specific disclosure order is a court order that requires a party to disclose specific documents or information that is relevant to the case. Interim payment order: An interim payment order is a court order that requires a party to make a partial payment of the amount claimed in the case before the final determination of the case. Interim possession order: An interim possession order is a court order that grants a party immediate possession of a property until the final determination of the case. Interim order for sale: An interim order for sale is a court order that allows a party to sell a property before the final determination of the case to preserve its value or prevent further loss. The granting of an interim order or remedy is at the discretion of the court, and the court will consider various factors, such as the strength of the case, the balance of convenience between the parties, and the potential harm that may be suffered by the parties if the interim order or remedy is not granted.

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