In terrorem Definition

GLOSSARY

What does In terrorem mean?

Intended to frighten or intimidate

View the related practice notes about In terrorem

Freezing injunctions—post-judgment

Freezing injunctions—post-judgment This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below in the main section titled Court specific guidance. This Practice Note discusses freezing injunctions granted after a claimant has obtained judgment against the defendant. For discussion of the principles that apply in pre-judgment applications for freezing injunctions, see Practice Note: Freezing injunctions—guiding principles. Can a freezing injunction be granted after judgment? The court has the power to grant a freezing injunction post-judgment. This was recognised early on in the development of the Mareva jurisdiction (named after the case Mareva Compania Naviera SA v International Bulkcarriers SA; The Mareva). In Orwell Steel (Erection and Fabrication) Ltd v Asphalt and Tarmac (UK) Ltd Farquharson J commented at page 749 that ‘there seems to be no logical reason why a Mareva injunction should not...

Liquidated damages in construction contracts

Liquidated damages in construction contracts This Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in a building contract. It considers the difference between liquidated damages and general (or unliquidated) damages and looks at the enforceability of LADs provisions and common grounds for challenging them (including that the clause is a penalty). The Practice Note also looks at how much LADs should be, capping LADs and the risks of inserting ‘nil’ or ‘N/A’ as the amount of LADs. For summaries of key cases that consider, or are relevant to, LADs clauses in construction contracts, see Practice Note: Liquidated damages in construction contracts—case law. What are liquidated damages? If the parties to a construction contract agree to liquidated damages, they are agreeing, in advance, to a fixed sum that will be payable as damages in the event that a particular identified breach of contract occurs. Liquidated damages are often also referred to as liquidated and ascertained damages and the acronyms ‘LDs’ and ‘LADs’ are...

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Guideline case on recusal applications (Bates v Post Office Ltd)

Dispute Resolution analysis: Patrick Green QC, Kathleen Donnelly, Henry Warwick, Ognjen Miletic and Reanne MacKenzie, all barristers at Henderson Chambers and counsel for the claimants, examine Bates and others v Post Office Ltd (No 4), which concerns making or facing a recusal application.

Seroxat litigation to continue—for now (Bailey v GlaxoSmithKline)

Dispute Resolution analysis: The Seroxat Group Action, dormant since 2011, has been resurrected after the claimants secured third-party funding at the eleventh hour. With years’ worth of loose ends to tie up, and the defendant maintaining that the action should not be allowed to proceed at all, a hearing before Mr Justice Foskett was convened on 4 February 2016. Harry Lambert, barrister at Doughty Street Chambers, examines the key issues concerning adequacy of resources.

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