Court action: Injunction granted and RFC to pay £20K costs

[barca72 440]

So in essence, the "English" injunction does not hold in Scotland unless it is extended via a Scottish Court/judge? All this English/Scottish contracts/locations/law stuff does only one thing, complicate matters and hands lawyers our money ...

 

Tell't ye that yesterday.

 

http://en.wikipedia.org/wiki/Constitution_of_the_United_Kingdom

Common law legal systems exist in Northern Ireland and in England and Wales but not in Scotland which has a hybrid system ( common and civil law ) which involves a great deal of Common Law. Court judgments also commonly form a source of the constitution: generally speaking in English Law, judgments of the higher courts form precedents or case law that binds lower courts and judges; Scots Law does not accord the same status to precedent, and judgments in one legal system do not have a direct effect in the other legal systems.

http://en.wikipedia.org/wiki/Court_of_Session

The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. The Court of Session has coextensive jurisdiction with the Sheriff Court—the other Scottish civil court, which sits locally—and the pursuer is given first choice of what court to use. However, the majority of complex, important, or high value cases are brought in the Court of Session.

 

An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing specific acts. A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment.

An injunction that requires conduct is called a "mandatory injunction." An injunction that prohibits conduct is called a "prohibitory injunction." Many injunctions are both--that is, they have both mandatory and prohibitory components, because they require some conduct and forbid other conduct.

When an injunction is given, it can be enforced with equitable enforcement mechanisms such as contempt. These features of the injunction allow a court granting one to manage the behavior of the parties.

 

You were right Scott7, in that the English court is limited. A gagging order from a Scottish court was also required.

BlueDell yesterday was also correct in his assertion that this was an 'English' contract, in that there is a clause that states - "The Rangers Retail SHA is governed by English law". This, however, may have only covered the main points of the contract and not such as what is considered 'confidential disclosures' by each party to the contract.