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8 Interim Remedies

Mark Brealey, Kyla George

From: Competition Litigation: UK Practice and Procedure (2nd Edition)

Edited By: Mark Brealey QC, Kyla George

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 26 June 2022

Appeals — Interim measures — Judicial remedies — Injunctions

This chapter considers interim remedies that are available in the High Court and the Competition Appeal Tribunal (CAT), with a focus on interim injunctions, interim payments, security for costs, and stay of proceedings. It begins with a discussion of the High Court’s jurisdiction to grant interim or interlocutory injunctions, from interim injunctions in general to mandatory injunctions, quia timet injunctions, freezing injunctions, search orders, anti-suit injunctions, and interim injunctions in aid of foreign proceedings. It also describes the practice and procedure to be followed on an application for an interim injunction, before analysing interim payments, security for costs, and stay of proceedings in greater detail. Finally, it examines interim remedies in the CAT, taking into account a range of issues relating to interim orders in appeals, interim injunctions in private actions, interim payment, security for costs, and stay of proceedings.

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