Glossary
An equitable remedy compelling a party to perform its contractual obligations, granted where damages would not be an adequate remedy.
Key Remedies
from Commercial Disputes
Damages — monetary compensation — are the default remedy in English law, but courts have a range of additional tools. An injunction is a court order requiring a party to do or refrain from doing something — commonly used to enforce restrictive covenants or restrain breaches of confidence. A freezing order (formerly a Mareva injunction) prevents a defendant from dissipating assets before judgment, and a search order (formerly an Anton Piller order) allows premises to be searched for evidence. Specific performance compels a party to fulfil its contractual obligations but is granted only where damages would be inadequate — most commonly in real estate transactions.
Disclosure
The process by which each party to litigation reveals to the other the documents relevant to the issues in dispute.
Injunction
A court order compelling a party to do something (mandatory) or refrain from doing something (prohibitory), breach of which is contempt of court.
Freezing Order
A court order preventing a party from dealing with or dissipating its assets, designed to preserve funds for a potential future judgment.
Arbitral Award
The binding decision issued by an arbitral tribunal, enforceable internationally under the New York Convention.
Seat of Arbitration
The legal jurisdiction governing the arbitration proceedings (as distinct from the physical venue), determining the courts with supervisory jurisdiction.
Third-Party Funding
An arrangement where an external funder finances a party's legal costs in return for a share of what the claim recovers — a structure English law has treated as contentious since PACCAR.
Pre-Action Protocol
Rules requiring parties to exchange information and attempt settlement before issuing court proceedings, with cost penalties for non-compliance.
Without Prejudice
A legal privilege protecting statements made in genuine settlement negotiations from being disclosed to the court.