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Injunctions In English Law
Injunctions in English law are a legal remedy of three types. Prohibitory injunctions prevent an individual or group from beginning or continuing actions which threaten or breach the legal rights of another. Mandatory injunctions are rarer and compel a person to carry out a certain act such as make restitution to an injured party. Freezing injunctions relate to funds such as bank accounts and are commonly Mareva Injunctions which are sought mainly in fraud, breach of trust and confiscatory proceedings. Injunctions are most common in cases involving significant matters of nuisance, privacy and libel (reputational damage); they are relatively common remedies in major employment/agency/distribution, trust and property disputes, especially interim, interlocutory injunctions pending settlement or final hearing, whichever is the earlier where there is a clear and present danger that the matter in dispute between the parties will be wholly frustrated (such as irretrievably removed outside ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Remedy
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual. In common law jurisdictions and mixed civil-common law jurisdictions, the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages) and an equitable remedy (e.g. injunctive relief or specific performance). Another type of remedy available in these systems is declaratory relief, where a court determines the rights of the parties to action without awarding damages or ordering equitable relief. The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. In the legal system of the United States, there exists a traditional form of judicial remedies that serve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Minister Of The Crown
Minister of the Crown is a formal constitutional term used in Commonwealth realms to describe a minister of the reigning sovereign or viceroy. The term indicates that the minister serves at His Majesty's pleasure, and advises the sovereign or viceroy on how to exercise the Crown prerogatives relating to the minister's department or ministry. Ministries In Commonwealth realms, the sovereign or viceroy is formally advised by a larger body known as a privy council or executive council, though, in practice, they are advised by a subset of such councils: the collective body of ministers of the Crown called the ministry. The ministry should not be confused with the cabinet, as ministers of the Crown may be outside a cabinet. In the UK, ministers are the MPs and members of the House of Lords who are in the government. History Ministers of the Crown in Commonwealth realms have their roots in early modern England, where monarchs sometimes employed " cabinet councils" consisting o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Injunctions In English Law
Injunctions in English law are a legal remedy of three types. Prohibitory injunctions prevent an individual or group from beginning or continuing actions which threaten or breach the legal rights of another. Mandatory injunctions are rarer and compel a person to carry out a certain act such as make restitution to an injured party. Freezing injunctions relate to funds such as bank accounts and are commonly Mareva Injunctions which are sought mainly in fraud, breach of trust and confiscatory proceedings. Injunctions are most common in cases involving significant matters of nuisance, privacy and libel (reputational damage); they are relatively common remedies in major employment/agency/distribution, trust and property disputes, especially interim, interlocutory injunctions pending settlement or final hearing, whichever is the earlier where there is a clear and present danger that the matter in dispute between the parties will be wholly frustrated (such as irretrievably removed outside ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quia Timet
; ), is a common law injunction to restrain wrongful acts which are threatened or imminent but have not yet commenced. The 1884 English legal case of '' Fletcher v. Bealey'' 8 Ch.D. 688 at p. 698stated the necessary conditions for the equity courts to grant an injunction in such cases: # proof of imminent danger; # proof that the threatened injury will be practically irreparable; and # proof that whenever the injurious circumstances ensue, it will be impossible to protect plaintiff's interests, if relief is denied. ''Brevia anticipantia'' remedies were writs at common law. According to Lord Coke, "there be six writs of law that may be maintained quia timet, before any molestation, distress, or impleading; as. 1. A man may have his writ or mesne, before he be distrained. 2. A warrantia chartae, before he be imploded. 3. A monstraverunt, before any distress or vexation. 4. An audita querela, before any execution sued. 5. A curia claudenda before any default of inclosure ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contra Mundum Injunction
A contra mundum injunction is a type of injunction in the law of England and Wales that is enforceable against anyone who knows about it, rather than a named party. References Injunctions in English law {{England-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hyper-injunctions In English Law
In English tort law, a super-injunction is a type of injunction that prevents publication of information that is in issue and also prevents the reporting of the fact that the injunction exists at all. The term was coined by a ''Guardian'' journalist covering the 2006 Ivory Coast toxic waste dump controversy that had resulted in Trafigura obtaining a controversial injunction. Due to their very nature media organisations are not able to report who has obtained a super-injunction without being in contempt of court. The term super-injunction has sometimes been used imprecisely in the media to refer to any anonymised privacy injunction preventing publication of private information. Critics of super-injunctions have argued that they stifle free speech, that they are ineffective as they can be breached using the Internet and social media and that the taking out of an injunction can have the unintended consequence of publicising the information more widely, a phenomenon known as the Stre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Super-injunctions In English Law
In English tort law, a super-injunction is a type of injunction that prevents publication of information that is in issue and also prevents the reporting of the fact that the injunction exists at all. The term was coined by a ''Guardian'' journalist covering the 2006 Ivory Coast toxic waste dump controversy that had resulted in Trafigura obtaining a controversial injunction. Due to their very nature media organisations are not able to report who has obtained a super-injunction without being in contempt of court. The term super-injunction has sometimes been used imprecisely in the media to refer to any anonymised privacy injunction preventing publication of private information. Critics of super-injunctions have argued that they stifle free speech, that they are ineffective as they can be breached using the Internet and social media and that the taking out of an injunction can have the unintended consequence of publicising the information more widely, a phenomenon known as the Stre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anonymised Injunctions In English Law
In English law an anonymised injunction is, according to the Neuberger Committee, "an interim injunction which restrains a person from publishing information which concerns the applicant and is said to be confidential or private where the names of either or both of the parties to the proceedings are not stated". An anonymised injunction is distinct from a "superinjunction" which also prevents publication that the injunction has been obtained. When reported, anonymised injunctions have case names which hide the identity of one or more parties, for example ''PJS v News Group Newspapers ''PJS v News Group Newspapers Ltd'' 016UKSC 26 is a UK constitutional law case in which an anonymised privacy injunctionThe injunction has been incorrectly referred to as a "super-injunction" in some media reports. Super-injunctions prohibit pub ...''. References English privacy law {{England-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Occupation Order
An occupation order is a type of injunction in English law. It is one of two types of injunction available under the Family Law Act 1996, the other being a non-molestation order A non-molestation order is, in English law, a type of injunction that may be sought by a victim of domestic abuse against their abuser. It is one of two types of injunction available under Part IV of the Family Law Act 1996 The Family Law Act ....{{cite web, url=http://www.womensaid.org.uk/domestic-violence-survivors-handbook.asp?section=000100010008000100330002, title=Women's Aid - The Survivor's Handbook - Getting an injunction, publisher=womensaid.org.uk, accessdate=2015-06-11 An occupation order is used to regulate who can live in the family home. References Injunctions in English law English family law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Non-molestation Order
A non-molestation order is, in English law, a type of injunction that may be sought by a victim of domestic abuse against their abuser. It is one of two types of injunction available under Part IV of the Family Law Act 1996, the other being an occupation order. A non-molestation order is aimed at stopping harassment from a partner or ex-partner and also applies to any children that a victim of abuse may have. A breach of such an order is considered a criminal offence in English law. See also *Injunctions in English law Injunctions in English law are a legal remedy of three types. Prohibitory injunctions prevent an individual or group from beginning or continuing actions which threaten or breach the legal rights of another. Mandatory injunctions are rarer and co ... References English family law Injunctions in English law {{UK-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
M V Home Office
''M v Home Office'' [1993UKHL 5is a UK constitutional law case concerning the rule of law. Facts An action for judicial review of the actions of the Home Secretary was brought by M, a deported teacher from Zaire. The Home Secretary, Kenneth Baker, Baron Baker of Dorking, Kenneth Baker, had been told by the High Court to return a Zaire teacher to the United Kingdom on refugee status, after being deported. Judgment Court of Appeal Michael Nolan, Baron Nolan, Nolan LJ held that the teacher had to be returned, and said the following.[1992] QB 270, 314 House of Lords The House of Lords Judicial Committee, House of Lords held that the Home Secretary acted in contempt of court, and had to return the teacher. Sydney Templeman, Baron Templeman, Lord Templeman said the following: See also *United Kingdom constitutional law References {{reflist, 2 United Kingdom constitutional case law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Rights
Some philosophers distinguish two types of rights, natural rights and legal rights. * Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are ''universal'', ''fundamental'' and ''inalienable'' (they cannot be repealed by human laws, though one can forfeit their enjoyment through one's actions, such as by violating someone else's rights). Natural law is the law of natural rights. * Legal rights are those bestowed onto a person by a given legal system (they can be modified, repealed, and restrained by human laws). The concept of positive law is related to the concept of legal rights. Natural law first appeared in ancient Greek philosophy, and was referred to by Roman philosopher Cicero. It was subsequently alluded to in the Bible, and then developed in the Middle Ages by Catholic philosophers such as Albert the Great and his pupil Thomas Aquinas. During the Age of Enlightenment, the concept of natural laws was us ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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