Jump to content
Main menu
Main menu
move to sidebar
hide
Navigation
Main page
Recent changes
Random page
Help about MediaWiki
Special pages
Niidae Wiki
Search
Search
Appearance
Create account
Log in
Personal tools
Create account
Log in
Pages for logged out editors
learn more
Contributions
Talk
Editing
English law
(section)
Page
Discussion
English
Read
Edit
View history
Tools
Tools
move to sidebar
hide
Actions
Read
Edit
View history
General
What links here
Related changes
Page information
Appearance
move to sidebar
hide
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
===Legal remedies=== A [[Legal remedy|remedy]] is "the means given by law for the recovery of a [[right]], or of [[Financial compensation|compensation]] for its infringement".<ref>Law Dictionary (10th ed) - E.R.Hardy Ivamay - Butterworths</ref> Most remedies are available only from the court, but some are "[[Self-help (law)|self-help]]" remedies; for instance, a party who lawfully wishes to cancel{{efn|Using [[Anticipatory repudiation|repudiation]] or [[Rescission (contract law)|rescission]], (as the case may be)}} a contract may do so without leave;{{efn|If the other party feels that the first was wrong to cancel, he may ask a court to "[[Declaratory judgment|declare]] the contract subsisting".<ref>See ''[[Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd]] 1961] EWCA Civ 7''</ref>}}<ref>[[Misrepresentation Act 1967]] s.2</ref> and a person may take his own steps to "[[Nuisance abatement|abate a private nuisance]]". Formerly, most civil actions claiming damages in the [[High Court]] were commenced by obtaining a [[writ#History#Rationalisation of writs|writ]] issued in the Queen's name. After 1979, writs have merely required the parties to appear, and writs are no longer issued in the name of the Crown.<ref>[http://www.legislation.gov.uk/uksi/1979/1716/made Rules of the Supreme Court (Writ and Appearance) 1979 (Statutory Instrument 1979, No. 1716)], [https://api.parliament.uk/historic-hansard/lords/1980/feb/07/rules-of-the-supreme-court-writ-and discussed in House of Lords in 1980]</ref> After the [[Woolf Reforms]] of 1999, almost all civil actions other than those connected with insolvency are commenced by the completion of a Claim Form <ref>...as prescribed by Rules 7 ''How to start proceedings'' and 8 ''Alternative procedure for claims'' of the [[Civil Procedure Rules]])</ref> as opposed to a writ, originating application, or a summons.<ref>[http://www.legislation.gov.uk/uksi/1998/3132/contents/made The Civil Procedure Rules 1998]</ref>
Summary:
Please note that all contributions to Niidae Wiki may be edited, altered, or removed by other contributors. If you do not want your writing to be edited mercilessly, then do not submit it here.
You are also promising us that you wrote this yourself, or copied it from a public domain or similar free resource (see
Encyclopedia:Copyrights
for details).
Do not submit copyrighted work without permission!
Cancel
Editing help
(opens in new window)
Search
Search
Editing
English law
(section)
Add topic