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CHAPTER 31 Provisional and interim relief

Civil Jurisdiction and Judgments

Page 673


Provisional and interim relief

31.01 General

The subject matter of this Chapter is the law on interim remedies and ‘provisional, including protective’ measures which may be sought or obtained in the course of litigation. The full range and detail of the remedies available under English law is taken as given and described here only in outline. This chapter is mainly concerned with the jurisdiction of the English courts to grant (and jurisdictional rules which prevent the grant of) those interim remedies which are available as a matter of English domestic law. It deals with applications for such relief in cases in which the English courts do, and do not, have jurisdiction over the parties in relation to the substantive dispute, paying particular attention to whether the connection (or lack of connection) to England bears on the making or not making of the order applied for. It also examines the effect in England of foreign orders granting interim relief where the foreign court has, and also where the English courts have, jurisdiction over the substantive dispute.

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