Search orders

Search orders are extraordinary remedies which permit a plaintiff to enter the defendant’s premises to search for and confiscate documents (paper and electronic).  They are sometimes described as the nuclear weapons for civil procedure, and are reserved for the most serious cases.  They are the civil equivalent of a search warrant and are only available in the High Court.  Given the nature of the procedure, an application for a search order is [...]

Interim injunction applications

Sometimes an infringement of a plaintiff’s rights is so urgent that it needs to be dealt with before the usual trial process has run its course. In those cases, a plaintiff can apply to the Court for an interim injunction. This post looks at what an interim injunction is and the types of situations where the Court will typically grant one, the factors affecting the decision about to whether to apply for [...]

2020-07-28T00:42:50+00:00Advocacy & Litigation, Civil & Commercial Disputes, Intellectual property, Interim injunctions|Comments Off on Interim injunction applications

Common features of contractual disputes

As should be fairly self-evident, the contract is the starting point for a contractual dispute.  Each contract depends on its own terms and the conduct at issue, and therefore each dispute has its own uniqueness.   There are, however, some common key features to such disputes. Terms Establishing the terms of the parties’ bargain is a crucial step before advice can be offered.  Sometimes there will be a single written agreement signed [...]

2020-07-28T00:43:02+00:00Advocacy & Litigation, Civil & Commercial Disputes|Comments Off on Common features of contractual disputes

The role of an advocate

Barristers specialise in disputes and court work.  A barrister has three main roles: To provide independent advice on the prospects of success for the case; To prepare and present the case so that it has the best possible prospects of obtaining an outcome which achieves the client’s objectives; andTo engage in and advise on settlement discussions (as required). A lawyer who I once worked for used to say, a good litigator argues the [...]

2020-07-28T00:43:34+00:00Advocacy & Litigation, Civil & Commercial Disputes, Intellectual property|Comments Off on The role of an advocate

Disputes and dispute resolution

A dispute occurs when one party acts in a manner which does not accord with the expectations of the other party.  The mismatch between expectation and behaviour may come about due to the party’s understanding of what had been agreed; or based on generally accepted standards.  The aggrieved party can choose to ignore the conduct, or can raise it with the other through direct or indirect means.  Differences between parties will [...]

2020-07-28T00:44:04+00:00Advocacy & Litigation, Civil & Commercial Disputes, Intellectual property|Comments Off on Disputes and dispute resolution