Dispute Resolution - Flashcards Full Deck
(229 cards)
1
Q
What is the first requirement for a contract?
A
An agreement between parties who intended to be legally bound (includes an offer and an acceptance).
2
Q
What is an “offer” in contract law?
A
A clear proposal made by one party to another, indicating a willingness to enter into a contract on specific terms.
3
Q
What is “acceptance” in contract law?
A
An unequivocal agreement to the terms of the offer, communicated to the offeror.
4
Q
What is the second requirement for a contract?
A
Consideration (something of legal value exchanged between the parties).
5
Q
What is “consideration”?
A
The value that is exchanged in a contract, which can be money, services, or a promise to do (or not do) something.
6
Q
What is a requirement for executing a deed?
A
A deed must be executed in the presence of a witness.
7
Q
How must a deed be made effective?
A
A deed must be delivered to be effective.
8
Q
Is a promise to make a gift enforceable?
A
Yes, a promise to make a gift is enforceable if made by deed.
9
Q
How must land be conveyed?
A
A conveyance of land must be by deed.
10
Q
What is the limitation period for a simple contract claim?
A
A claim under a simple contract must be brought within 6 years.
11
Q
When does the limitation period for a contract claim start?
A
It runs from the accrual date (when the breach occurs).
12
Q
What is the limitation period for a contract by deed?
A
A claim under a contract by deed must be brought within 12 years.
13
Q
What is the limitation period for a tort claim?
A
A claim under tort must be brought within 6 years from the time the action accrued.
14
Q
When does the limitation period for a tort claim start if not readily apparent?
A
It starts 6 years from when the claimant gained knowledge of the tort.
15
Q
What is the limitation period for personal injury claims?
A
The limitation period is 3 years from accrual or knowledge of the injury.
16
Q
What if the victim of a tort dies within 3 years of accrual?
A
The limitation period is 3 years from the date of death or from when the deceased’s personal representative gained knowledge of the tort.
17
Q
What are the key components required for a contractual agreement?
A
An offer and acceptance.
18
Q
What must an offer express to be considered valid?
A
An intent to be bound in a contract if accepted by the other party.
19
Q
How must the terms of an offer be for it to be enforceable?
A
The terms must be definite and certain enough for a court to enforce.
20
Q
What must the offeree have to accept an offer?
A
The offeree must have knowledge of the offer.
21
Q
What is not considered an offer?
A
A statement made to request information.
22
Q
What are invitations to treat?
A
Words or conduct that invite another party to make an offer.
23
Q
When can an offeror revoke their offer?
A
An offeror can revoke most offers at any time before acceptance.
24
Q
When cannot an offer be revoked?
A
If a collateral contract exists, if it’s a unilateral contract and performance has begun, or if it’s a bilateral contract with performance begun.
25
How can an offeree terminate an offer?
By expressly rejecting it or by impliedly rejecting it through failure to accept in a reasonable time.
26
What happens to an offer by operation of law?
It terminates if the offeror or offeree dies, the subject matter is destroyed, or if a condition isn't met.
27
Who can accept an offer?
Usually, only the offeree to whom the offer is made.
28
How must acceptance be communicated?
Unless specified, any method of acceptance no less advantageous is valid; silence usually is not acceptance.
29
When is a unilateral contract accepted?
Not until completion of the requested act.
30
What is the postal rule?
Acceptance by post creates a contract at the moment of posting, unless conditions about addressing or receipt apply.
31
What controls in a battle of the forms situation?
Usually, the last set of terms that were not objected to controls.
32
What is required for a party to have capacity to contract?
A party must have legal capacity, meaning they are of legal age and mentally competent.
33
What is the status of a contract entered by a minor (under 18)?
It is voidable by the minor; they can enforce it but cannot be bound unless ratified upon turning 18.
34
When are minors bound by a contract?
When they enter a contract for necessary goods or services at a reasonable price.
35
Can minors enter employment contracts?
Yes, minors can enter into employment contracts.
36
What happens if a person without mental capacity enters a contract?
The contract is voidable by that person if the other party knew of their lack of capacity.
37
Are contracts for necessities binding for those without mental capacity?
Yes, contracts for necessities at a reasonable price are binding even if entered by someone lacking capacity.
38
What is required for a promise to be enforceable in a contract?
Each party must give consideration to make the other party's promise enforceable.
39
What is consideration?
An act or forbearance from acting, or a promise to act or forbear.
40
What is executory consideration?
Consideration that is promised for the future; once performed, it becomes executed consideration.
41
How must consideration be valued?
It must have some value, but the courts are not concerned with whether it is adequate or equivalent.
42
What happens if consideration has no value?
It is considered illusory.
43
Is a promise to perform an existing duty valid consideration?
No, but if something additional is offered (e.g., finishing early), there is valid consideration.
44
Is a promise to perform a statutory duty valid consideration?
No, it is not valid consideration.
45
What is past consideration and is it valid?
Acts performed in the past before the promise are not valid consideration, except if payment was understood to be due.
46
Is a promise to accept part of a debt as full payment enforceable?
No, it is not enforceable for lack of valid consideration.
47
What are express terms?
Terms that are intended to be binding and incorporated into the contract.
48
How can express terms be incorporated into a contract?
1. Signed written contract (binding even if unread).
2. Incorporation by notice (reasonable steps to bring terms to attention).
3. Incorporation by consistent and regular course of dealing.
49
What is the effect of signing a written contract?
It makes the express terms binding, even if the signer has not read the document.
50
What is incorporation by notice?
Reasonable steps must be taken to ensure the party is aware of the terms.
51
What does "consistent and regular course of dealing" mean?
Terms can be incorporated if parties have a history of dealing in a consistent manner that includes those terms.
52
What does the Sale of Goods Act 1979 apply to?
It applies whenever goods are sold.
53
What condition must the seller meet regarding ownership?
The seller has the right to sell the goods.
54
What does the seller guarantee about the description of the goods?
The goods must match any description applied by the seller.
55
What is meant by "satisfactory quality"?
Goods must be of satisfactory quality, meaning they are fit for the purpose for which they are used.
56
What is the requirement regarding special purposes?
The goods must be fit for any special purpose that the buyer tells the seller they will be used for.
57
Can the condition of title be excluded?
No, the condition of title cannot be excluded.
58
Can other implied conditions be excluded?
Yes, but whether they can be excluded depends on whether the exclusion was reasonable.
59
What does the Supply of Goods and Services Act 1982 apply to?
It generally applies to contracts for services supplied by a business and to goods supplied in relation to the service.
60
What type of term is implied in service contracts under the Act?
An innominate term is implied, meaning the remedy for breach depends on the impact of the breach.
61
What is required from suppliers in relation to service contracts?
Suppliers must carry out the service in a reasonable time and with reasonable care and skill.
62
What terms are implied regarding the supply of goods?
Terms similar to those implied under the Sale of Goods Act are applied.
63
Can implied terms under the Act be excluded?
Yes, but a contract may only exclude these implied terms if the exclusion is reasonable.
64
What does the Consumer Rights Act 2015 apply to?
It implies terms into sales contracts between a trader and a consumer, similar to those under the Supply of Goods Act.
65
What seller obligations are implied under the CRA regarding goods?
The seller has title, goods comply with description, quality, and fitness for purpose.
66
What terms are implied for service contracts under the CRA?
Services must be carried out with reasonable care and skill, completed according to consumer-reliant information, for a reasonable price, and within a reasonable timeframe.
67
Can terms implied by the CRA be excluded or limited?
No, the terms implied by the CRA cannot be excluded or limited.
68
When will a court imply a term into a contract?
If it is necessary to give the contract business efficacy.
69
How can terms be implied based on industry practices?
Terms may be implied based on custom and usage in the industry or market standard for the relevant field.
70
What else can lead to implied terms in a contract?
Terms may also be implied based on a regular and consistent course of dealings between the parties.
71
What happens if a contract is too vague or incomplete?
If a contract is so vague that a court cannot determine the parties' intentions, the court will not enforce it.
72
Can a court enforce a contract if part of it is uncertain?
Yes, the court may sever the uncertain part and enforce the rest of the contract if it doesn’t affect the whole.
73
How can exclusion clauses be incorporated into a contract?
1. Expressly in a signed contract.
2. By notice if reasonable steps were taken to bring it to attention.
74
Can exclusion clauses be implied?
Yes, if there is an industry custom or a regular and consistent course of dealings that includes the exclusion.
75
What must an exclusion clause do to be enforceable?
It must clearly and unambiguously cover the loss suffered.
76
What does the Unfair Contract Terms Act 1977 say about exclusion clauses?
It voids clauses that:
1. Exclude liability for death caused by negligence.
2. Exclude liability for breach of title.
3. Exclude liability for breach of description, quality, or fitness for purpose.
77
What is the purpose of damages in a breach of contract?
To put the innocent party in the position they would have been in if the contract had been performed properly.
78
What are expectation/loss of bargain damages?
Damages designed to put the nonbreaching party in the position they would be in if the contract had been performed.
79
What are reliance damages?
Damages that compensate the nonbreaching party for expenses incurred in reliance on the contract up to the time of the breach.
80
What are nominal damages?
Damages awarded when no loss has occurred as a result of the breach, typically amounting to £1.
81
What constitutes negligence?
When a person owes a duty of care to another, breaches that duty, and the breach causes damage.
82
When are damages not recoverable in a negligence claim?
If the harm suffered was not within the scope of the duty of care, damages are not recoverable.
83
What is the standard of care in negligence?
A duty to act with reasonable care, assessed objectively by considering the likelihood and seriousness of harm.
84
What special duties apply to skilled defendants and professionals?
They must act as a reasonably competent member of their profession would.
85
What are the components of causation in negligence?
1) Breach caused harm, 2) No new act intervened, 3) Harm was reasonably foreseeable (egg shell skull doctrine).
86
What is contributory negligence?
A partial defense where the claimant's own negligence contributed to their injury.
87
What is voluntary assumption of risk?
A complete defense where the claimant knowingly and voluntarily assumes the risk of harm.
88
What is the goal of damages in tort?
To put the injured party in the position they would have been in had the tort not occurred.
89
What duty do tort victims have regarding their losses?
They have a duty to mitigate their loss to avoid avoidable damages.
90
What are recoverable pecuniary losses for a living claimant?
1) Loss of past income, 2) Loss of future income, 3) Past and future medical treatment expenses, costs of care, necessary equipment, or modifications.
91
What are recoverable non-pecuniary losses?
Past and future pain and suffering and loss of amenity.
92
How is damage to property typically measured?
By replacement costs or repair costs.
93
What is negotiation in ADR?
Informal discussions between parties to resolve a dispute; conversations are without prejudice and not court-reliable.
94
What does "without prejudice" mean in negotiation?
Statements made cannot be used as evidence in court.
95
What is arbitration?
A semi-formal procedure where a neutral third party hears evidence and makes a legally binding decision.
96
Do strict rules of evidence apply in arbitration?
No, strict rules of evidence do not apply.
97
What is mediation?
An informal process where a neutral mediator helps parties reach a resolution; it's confidential and not binding until an agreement is signed.
98
What role does the mediator play?
The mediator facilitates discussion but does not rule on the merits of the case.
99
Who bears the costs in mediation?
Costs are typically borne by both parties.
100
What are pre-action protocols?
Steps parties should take before starting legal action; include dispute-specific protocols.
101
What should the claimant do first?
Write to the defendant with concise details of the claim.
102
What is the response time for the defendant?
14 days for straightforward claims; up to 3 months for complex claims.
103
What should parties consider during pre-action?
Disclosing key documents, using a single joint expert, and considering Alternative Dispute Resolution (ADR).
104
What happens if a party fails to follow protocols?
Possible stay of proceedings, costs ordered against the non-compliant party, or restricted interest for the Claimant.
105
How is a proceeding commenced?
By issuing a claim form that includes brief details of the claim.
106
Where should claims be started?
In the County Court, unless the claim exceeds £50,000 for personal injury or £100,000 for other claims.
107
Where can claims exceeding these amounts be filed?
In either the High Court or the County Court.
108
What types of cases are handled in the Queen's Bench Division?
Defamation, breach of contract, negligence/personal injury, land possession, non-payment of debt, TCC, Commercial Court.
109
What types of cases are handled in the Chancery Division?
Equity and trusts, commercial fraud, taxes, intellectual property, contentious probate, business disputes, professional negligence (except TCC), bankruptcy, Companies Court.
110
What information must be included in claims?
Full names and addresses of both claimant and defendant.
111
What must the claim form include?
Brief details of the claim, value of the claim (excluding interest, costs, contributory negligence, counterclaims), preferred court, and court fee.
112
How is the court fee calculated?
5% of the claim value if between £10,000 - £200,000; £10,000 if over £200,000.
113
What are Particulars of Claim?
A formal written statement detailing the claim, typically served with the claim form or within 14 days after.
114
What must the claim form include besides details?
A signed statement of truth.
115
How does the claim start?
By issuing the claim form at the claimant's request.
116
What must the claimant serve with the claim form?
Witness evidence that includes a statement of truth.
117
What does the court send to the claimant?
A notice of issue confirming the date the claim was issued.
118
What happens if the defendant does not respond?
They cannot participate in the hearing unless the court grants permission.
119
What is a Part 8 claim?
A claim involving no substantial dispute of fact, requiring a specific claim form stating the questions for the court and details of the claim.
120
When must the claim form be served on the defendant?
Before midnight on calendar day 4 months after the date of issue; 6 months if outside the jurisdiction.
121
What is required for service outside the jurisdiction?
Court permission, unless the defendant resides in Scotland or Northern Ireland.
122
How does the court usually serve documents?
By first class post.
123
Can the claimant serve documents themselves?
Yes, the claimant can serve by first class post.
124
What must be included in the service?
Claim form, notice of funding, and the defendant's response pack.
125
How can service be made via document exchange?
If the party's address for service includes a DX or there is a DX number available.
126
When can service be made by email?
Only with express consent and if the party has provided their email address.
127
When is a claim form deemed to be served?
On the second business day after it has been mailed, delivered, faxed, emailed, or sent by DX.
128
What must the defendant do to contest service?
Indicate on the acknowledgment of service and apply to set the service aside within 14 days.
129
What does the court issue if it serves the claim form?
A certificate of service sent to the claimant.
130
What if particulars of claim are not served with the claim form?
The claimant must serve the particulars within 14 days and within 4 months of issuance.
131
What can the court allow if service might not be achieved within the validity period?
Service by an alternative method or place on application if there is good reason.
132
How long does the defendant have to respond to the claim?
14 days from the date the particulars of claim are deemed to have been served.
133
What can the claimant do if the defendant doesn’t respond within 14 days?
The claimant can obtain summary judgment.
134
What options does the defendant have to respond?
1. Admit parts of or all of the claim. 2. File and serve a defence. 3. Acknowledge service and indicate intent to defend (giving an additional 14 days).
135
How long can parties agree to extend the filing of the defence?
An additional 28 days (maximum 56 days from the deemed date of service).
136
Can an admission be withdrawn?
Yes, with permission from the court.
137
What can the claimant do after the defendant files an acknowledgment?
The claimant can apply for summary judgment or an interim payment.
138
Can the defendant dispute the court's jurisdiction?
Yes, the defendant may dispute the court's jurisdiction when responding.
139
What happens if the defendant fails to file a defence within the time limits?
The court may enter a default judgment against the defendant, preventing them from mounting a defence.
140
What are the tracks for case allocation in the county court?
Small claims track, Fast track, and Multi-track.
141
What is the monetary limit for the Small Claims Track?
Up to £10,000 in dispute.
142
What costs are recoverable in the Small Claims Track?
Restricted to fixed costs and reasonable expenses in attending; expert fees are capped at £750.
143
What is the monetary range for the Fast Track?
Between £10,000 and £25,000 in dispute.
144
What is the trial timeline for the Fast Track?
Trial must occur within 30 weeks of allocation.
145
How is evidence presented in the Fast Track?
Evidence is submitted in written form.
146
How are costs assessed in the Fast Track?
Costs are summarily assessed at the conclusion of the trial.
147
What is the minimum claim amount for the Multi-Track?
At least £25,000 in dispute, or lesser value cases that will last more than one day in trial.
148
What is the primary purpose of disclosure?
To identify and inform the other side of the existence of all documents relevant to the litigation.
149
What does the term "inspection" refer to?
The process of enabling the other side to view disclosed documents.
150
What types of documents are included in disclosure?
Emails, Word documents, Excel sheets, databases, hard drives, photographs, and written documents.
151
What is Standard Disclosure?
The obligation to identify and inform about documents on which a party intends to rely, adverse documents, and those supporting the other party's case.
152
What is the duty of a claimant regarding search?
They must make a reasonable and proportionate search for documents within their control that might be relevant.
153
Define "specific disclosure."
An application for additional disclosure when there’s reason to believe the initial disclosure was inadequate.
154
What is the rule regarding privileged documents?
Their existence must be disclosed, but the documents can be withheld from inspection.
155
What are the four types of privilege?
1. Legal advice privilege 2. Litigation privilege 3. Common interest privilege 4. Without prejudice privilege
156
Who holds the privilege over a document?
The client holds the privilege, and it can only be waived by the client.
157
What must a Disclosure List include?
1. Documents available for inspection 2. Documents withheld from inspection 3. Documents no longer in control, including their last known status.
158
What is a Disclosure Statement?
A statement detailing the extent of the search for relevant documents, certified by the party making it.
159
What is the timeline for inspection after disclosure?
The inspection must occur within 7 days following the disclosure of documents.
160
What are the consequences if a solicitor fails to comply with disclosure obligations?
They must not continue to act for a client unwilling to comply; they must also inform the court of destroyed documents.
161
What are the two types of evidence?
Direct evidence (oral from a witness) and circumstantial evidence (indirectly suggests a fact).
162
What is required for evidence to be presented at trial?
Witnesses must provide a signed statement setting out their evidence.
163
What must a witness statement include?
A statement of truth and must be served on the opponent per the directions order.
164
What happens if a proponent does not call a witness?
The opponent can refer to the witness’s statement as hearsay.
165
How can a witness be compelled to give evidence?
By serving a witness summons, issued at least 7 days before the hearing.
166
What is required for a witness summons?
A separate summons for each witness, and witnesses are entitled to conduct money for travel.
167
What happens if a summoned witness fails to attend?
They may be held in contempt of court.
168
What is an affidavit?
A formal witness statement signed in the presence of a solicitor, who endorses it.
169
Define hearsay evidence.
Evidence made out of court offered to prove the truth of what is said in the statement.
170
What are the characteristics of hearsay evidence?
It can be oral or written, and the court gives it less weight than direct evidence.
171
What must the proponent of hearsay do before relying on it?
Serve notice to the opponent of their intention to rely on the hearsay evidence.
172
Who can give opinion evidence?
Only an expert with knowledge or experience in the relevant field.
173
Is a formal degree necessary for an expert?
No, a formal degree is not necessary.
174
What must expert opinion evidence be based on?
Specialist knowledge, skill, or training not within the ordinary experience of the judge.
175
What is required of an expert’s opinion?
It must be reasonably certain and demonstrate the basis of their opinion and conclusions.
176
What duty do experts owe to the court?
Experts owe a duty of independence, integrity, and impartiality, overriding any duty to the instructing party.
177
In what form should expert evidence be presented?
In the form of a report addressed to the court.
178
Do experts generally attend trial?
No, but they can give oral evidence if certain conditions are met.
179
What conditions allow an expert to give oral evidence?
1. Likely impact on the outcome, 2. Will assist the judge, 3. Risk of injustice if not tested, 4. Costs not disproportionate.
180
What is the advantage of appointing a single joint expert?
Fees are shared between parties until the conclusion of the case.
181
How long do parties have to send questions to an expert after receiving the report?
28 days.
182
What is required when parties settle before trial?
They must confirm the settlement in a consent order, often using a Tomlin order.
183
What is a Tomlin order?
A type of consent order that confirms a stay in proceedings and includes a schedule of payments.
184
What is a Part 36 offer?
A formal, written offer to settle a claim that is without prejudice and can be made by either party.
185
When can a Part 36 offer be made?
At any time during proceedings (except small claims) and even before proceedings are issued.
186
What must a Part 36 offer state?
It must be in writing, specify it is a Part 36 offer, and state a relevant period during which it cannot be withdrawn.
187
How long must the relevant period for a Part 36 offer be?
A minimum of 21 days.
188
Can a Part 36 offer be withdrawn?
Yes, unless the offeree has served a Notice of Acceptance.
189
How can a Part 36 offer be accepted?
Acceptance must be in writing and can occur anytime, even after the relevant period, if not withdrawn.
190
What happens if a claimant accepts a Part 36 offer within the relevant period?
They are entitled to their costs up to the date of acceptance.
191
What happens if a claimant accepts after the relevant period?
Costs are only available up to the end of the relevant period, not to the date of acceptance.
192
What are the consequences of rejecting a Part 36 offer?
If a claimant secures more than the offer, there’s no cost penalty. If less, they pay the defendant’s costs post-offer period.
193
What happens if a defendant rejects a claimant’s Part 36 offer?
If the claimant gets less than the offer, no effect on costs; if more, the defendant may owe interest and additional costs.
194
What happens 10 weeks before a multi-track trial?
A pre-trial review hearing is set by the trial court.
195
What does the judge set during the pre-trial review?
The judge sets the timetable for the trial, the number of experts allowed to give evidence, and the number of witnesses permitted.
196
What must parties file before the pre-trial review?
An agreed case summary along with a list of issues.
197
What is the general rule regarding costs?
The loser pays the costs (solicitor's fees) and disbursements of the winner.
198
On what basis are costs assessed by the court?
Standard basis (proportionate costs, doubt in favor of paying party) and indemnity basis (difficult to dispute costs).
199
When must parties file a costs budget in multi-track cases?
At least 21 days before the Case Management Conference (CMC) if seeking £50K or more; with Directions Questionnaire for less than £50K.
200
What happens if a party fails to file a costs budget?
They will not be able to recover costs even if they prevail.
201
Who can apply for Security for Costs?
Only the defendant (D) can apply for this to ensure the claimant (C) can pay their costs if ordered.
202
What conditions allow for Security for Costs?
C is outside the jurisdiction, C is a company likely unable to pay, C has changed address to evade litigation, or C has moved assets outside England and Wales.
203
What is a Wasted Costs Order?
A court order requiring a solicitor or party to pay the costs of the other party for improper, unreasonable, or negligent actions.
204
What must the winning party do to enforce a judgment?
They must apply to court to have the judgment enforced; it’s not automatic if the losing party chooses not to pay.
205
What is the first step to locate a debtor's assets?
The judgment creditor (JC) applies for an order for the debtor to attend an oral examination about their means and assets.
206
What is required before the oral examination hearing?
The JC must serve the court order personally on the judgment debtor at least 14 days before the hearing and file an affidavit of service.
207
What happens if the debtor fails to attend the hearing?
The judge may issue a committal order against the debtor.
208
What is the interest rate available to the JC during enforcement?
Interest is 8% per annum in the High Court and for debts over £5K in the County Court.
209
What is "Taking Control of Goods"?
A method to take control of the debtor’s property to sell it for debt satisfaction.
210
What is the process for enforcement in the High Court?
The JC files a request, the court issues a writ of control, and it’s forwarded to a High Court enforcement officer.
211
What notice must the creditor give before taking control of goods?
The creditor must provide at least 7 days’ notice of their intention to take control of the goods.
212
What is a Third-Party Debt Order?
An order allowing access to the debtor's money in bank accounts, directing the bank to pay the creditor instead of the debtor.
213
What is a Charge on Property?
It gives the creditor the right to apply for the sale of the debtor's property if they have an interest in it.
214
What is an Attachment of Earnings Order?
An order compelling the debtor's employer to make regular deductions from the debtor's earnings and pay them into court.
215
How is enforcement affected if the debtor is outside England and Wales?
The judgment is enforceable only if the debtor's country has a reciprocal enforcement agreement with England and Wales.
216
What are interim applications?
Pre-trial requests for a court order made as soon as necessary or desirable.
217
What is Summary Judgment?
An application to dispose of the matter without a full trial if there’s no real prospect of success/defense.
218
What is the burden of proof in a Summary Judgment application?
The burden is on the applicant, who must support their application with evidence served 14 days before the hearing.
219
What can lead to a Strike Out application?
A statement of case can be struck out if it discloses no reasonable grounds, is an abuse of process, or fails to comply with court rules.
220
What is an Interim Payment?
A request for payment before a final judgment, usually made when liability is admitted or likely to result in a substantial judgment.
221
What must the applicant do before seeking an Interim Payment?
Write to the other party inviting them to make an interim payment.
222
What types of injunctions can be requested?
Mandatory (requiring action) or prohibitory (preventing action) injunctions.
223
What is a Freezing Injunction?
A prohibitory order preventing a party from disposing of specified assets.
224
What is required for a Freezing Injunction?
A justifiable cause, a good arguable case, assets within jurisdiction, and real risk of asset disposal.
225
What is a Search Order?
A mandatory order allowing a party to search for and seize evidence that may be destroyed.
226
What is the procedure for applying for an injunction?
Must show urgency and desirability in the interests of justice; can be obtained quickly, often without notice.
227
What happens if an injunction is obtained without notice?
A return hearing is scheduled shortly after to allow the other party to respond.
228
What are potential grounds for discharging an injunction?
Material non-disclosure, failure to comply, change in circumstances, or oppression.
229
What are the penalties for breaching an injunction?
Contempt of court, potentially leading to imprisonment for up to 2 years or asset sequestration.
