Remedy Definition

GLOSSARY

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What does Remedy mean?

The means by which a court enforces a right or orders redress for a wrong. It can include damages (whether compensatory or restitutionary), injunctive relief (whether interim or final) and specific performance (of outstanding obligations).

View the related checklists about Remedy

Checklist for compromises of FCA-regulated entities: information requirements

Checklist for compromises of FCA-regulated entities: information requirements The Financial Conduct Authority (FCA) is the conduct regulator for financial services firms and financial markets in the United Kingdom. It has a duty under section 1B of the Financial Services and Markets Act 2000 (FSMA 2000) to pursue certain objectives, one of which is the consumer protection objective. The FCA lists its statutory objectives as to secure an appropriate degree of protection for consumers and to protect and enhance the integrity of UK financial markets, with a view to reducing the number of proposed compromises that they do not consider to be appropriate (see FG22/4, para 1.2). On 5 July 2022, the FCA published guidance on compromises of regulated firms (see FCA Guidance FG22/4 July 2022 and updated in January 2024) following their significant concerns about these tools being proposed and used by firms to avoid paying customers redress (see: LNB News 05/07/2022 72). Practitioners will need to take note of the guidance where the proposed compromise involves regulated companies, meaning...

Commercial contract review and execution (business personnel)—checklist

Commercial contract review and execution (business personnel)—checklist This is a Checklist for in-house lawyers to provide to those of its employees (eg procurement or sales professionals) who are engaged in negotiating commercial contracts. It sets out the primary issues to consider when negotiating or reviewing a business-to-business commercial contract, and includes practical guidance. This Checklist may be suitable for use in low risk contracts where employees who are not legally qualified are authorised to conduct negotiations and contract review. It may be customised as required to work with a company playbook on contract negotiation and review, to include suggested fall-back drafting positions and escalation points for recourse to a legal team as appropriate. As it is intended to be used by non-legal professionals, it does not include links to further detailed legal commentary in each case. For a Checklist intended for use by legal professionals with links to further information, see: Commercial contract drafting and review—checklist. In-house lawyers should check that business personnel engaged in negotiating and concluding commercial contracts...

Simplified petitions to the nobile officium in Scottish criminal procedure—flowchart

Simplified petitions to the nobile officium in Scottish criminal procedure—flowchart For information about criminal procedure in Scotland, see Practice Note: The investigation and prosecution of criminal

Liquidated damages v penalty clause—checklist

Liquidated damages v penalty clause—checklist As seen in Practice Note: Contract interpretation—distinguishing between liquidated damages and penalty clauses, the task of determining whether or not a liquidated damages clause may be held to be unenforceable as a penalty is not always an easy one. While it will be a matter of construction for the courts in each case, there are a number of factors to consider when analysing the scope of an alleged liquidated damages clause and whether or not it may be susceptible to challenge as a penalty. If drafting a liquidated damages clause, it is essential that you keep these factors in mind in drafting the clause (and its relationship with related clauses). See: • Drafting and negotiating a liquidated damages clause—checklist • Precedent: Liquidated damages clause For specific consideration of how clauses in commercial contracts which provide for ‘default interest’ have been considered in the authorities, see: • Penalty interest rates in commercial contracts • Contract interpretation—distinguishing between liquidated damages and penalty clauses—When might default interest be...

Coronavirus (COVID-19) news & analysis—March and April 2023 [Archived]

Coronavirus (COVID-19) news & analysis—March and April 2023 [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This table contains an archive of news and analysis on coronavirus (COVID-19) and coronavirus developments that has been published within various Lexis®PSL Practice Areas in March and April 2023. 24–30 April 2023 Date News Analysis Brief description of the News Analysis 27 April 2023 World Challenge tells £10m COVID-19 loss trial Zurich changed policy Law360, London: Counsel for a student travel company seeking £10.5m in unpaid claims for cancelled holidays argued on 26 April 2023 that its insurer Zurich secretly changed its policy at the start of the coronavirus (COVID-19) pandemic, on the first day of a London trial. 27 April 2023 IfG report on Treasury’s involvement during the pandemic LNB News 27/04/2023 54 The Institute for Government (IfG) has published a comment accompanying a report by the IFG's Chief Economist, Gemma Tetlow and Senior Economist, Olly Bartrum, discussing lessons learnt from the Treasury’s response to the coronavirus (COVID-19) pandemic. The report examines...

The Gambling Commission—compliance and enforcement powers

The Gambling Commission—compliance and enforcement powers Gambling Commission investigations The Gambling Commission (GC) regulates the commercial gambling industry in Great Britain. The GC published a policy statement on Licensing, compliance and enforcement under the Gambling Act 2005 which sets out the GC’s regulatory policies in relation to carrying out compliance activities. The policy is regularly updated and was updated on 21 January 2022. In carrying out its functions, the GC is under a duty to pursue and have regard to the licensing objectives set out in section 1 of the Gambling Act 2005 (GA 2005): • preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime • ensuring that gambling is conducted in a fair and open way, and • protecting children and other vulnerable persons from being harmed or exploited by gambling Where concerns have been raised about a licensee, the GC may commence an investigation. Where appropriate, in certain specific cases, the GC...

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Re-measurement clause

Remeasurement 1 [Gross Internal Area means the gross internal area of the Premises expressed in square [feet OR metres] and measured in accordance with the Royal Institution of Chartered Surveyors’ Property Measurement (2nd Edition). OR Net Internal Area means the net internal area of the Premises expressed in square [feet OR metres] and measured in accordance with the Royal Institution of Chartered Surveyors’ Property Measurement (2nd Edition).] 2 When the [frame OR shell OR [other relevant point of construction]] of each of the relevant parts of the Works i

‘Click-wrap’ software end-user licence agreement (EULA)—business to consumer

‘Click-wrap’ software end-user licence agreement (EULA)—business to consumer PLEASE READ THE TERMS AND CONDITIONS BELOW CAREFULLY This is a legally binding agreement (‘Agreement’) between you (‘User’ or ‘you’) and [NAME OF SUPPLIER] whose registered address is [ADDRESS OF SUPPLIER] (‘Supplier’, ‘us’ or ‘we’). Under this Agreement, we are providing you with [NAME OF SOFTWARE AND VERSION] with all the content, material or services accessible within the Software and all updates and upgrades to the Software (unless we ask for a separate agreement to be entered into for such updates and upgrades) (‘Software’) and all associated documentation and support resources (‘Documentation’). This Agreement is not for the sale of the Software to you but to grant you a licence which allows you to use the Software and Documentation on the terms and conditions set out below. This means that you do not own the Software and are only allowed to use the Software in accordance with this Agreement. We remain the sole and beneficial owners of the Software and the...

Dive into our 751 Precedents related to Remedy

Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information?

Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information? This Q&A assumes that the organisation that has received the SAR is a ‘controller’ of the relevant data. For an introduction to the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime, including key data protection terms and concepts, such as ‘personal data’, 'processing', 'data subject' and ‘controller’, see: Data protection toolkit. As further explained in Practice Notes: The UK GDPR and DPA 2018 for insurers and Data subject rights—access, Article 15 of the UK GDPR gives individuals a right to obtain confirmation from a data controller as to whether or not personal data concerning them is being processed, and where it is, access to the personal data and certain further information. A request for such information is commonly known as a ‘subject access request’ (or a 'SAR' or 'DSAR'). In order to assist...

Under section 2(1) of the draft Insurable Interest Bill, is there a need for a life insured at the outset of the Policy to be valid? Does section 2(5) allow for categories of lives being insured, even if there are not lives in these categories? Does section 2(5) apply to all life policies or group life policies?

Under section 2(1) of the draft Insurable Interest Bill, is there a need for a life insured at the outset of the Policy to be valid? Does section 2(5) allow for categories of lives being insured, even if there are not lives in these categories? Does section 2(5) apply to all life policies or group life policies? For the purposes of this Q&A, it has been assumed that the question is are referring to the Insurable Interest Bill dated June 2018. In conducting our research we have focussed on the Insurable Interest Bill dated June 2018. For this answer, we refer you to the following resources: • June 2018 Draft Insurable Interest Bill • June 2018 Accompanying notes to the draft Insurable Interest Bill Under section 2(1) of the draft Insurable Interest Bill, does there need to be a life insured at the outset of the Policy to be valid? Section 2(1) of the draft Insurable Interest Bill (the Bill) states: ‘A contract of life-related insurance is void unless at...

See the 1128 Q&As about Remedy

Intention to return satisfies tenant condition (Weintraub v London Borough of Hackney)

Local Government analysis: This appeal was based on unusual and highly specific facts regarding the intention to return to a property and whether that satisfies the tenant condition in relation to the Right to Buy (RTB). It was held that it does, in this particular circumstance. The relevant principles to determine occupation of a property while not living there are outlined in Islington LBC v Boyle, and it remains a question of fact and degree and the burden is on the tenant. This case simply adds some helpful detail to conditional or contingent intention to return. Written by Clive Adams, head of Housing Management at Birketts LLP.

Defective cladding, collateral warranties and prescription (Leonardo Hotel Management (UK) Ltd v Galliford Try)

Construction analysis: This case considered the law of prescription—specifically when the prescriptive period ought to begin in a case of latent defects. A tenant of a hotel property in Aberdeen was notified of defective cladding on their building after investigations made in the wake of the Grenfell Tower fire. The court examined when the pursuer could reasonably have known that they had suffered loss, and how collateral warranties granted by defenders in favour of the pursuer might have had the effect of inducing the pursuer to refrain from recognising their loss or seeking to remedy it. The court held: in order to be aware of the defects, Leonardo would need to know (actually or constructively) the objective facts of their loss. The objective facts, were that (i) Leonardo was entering a lease in which they had repairing responsibilities; (ii) the property was defective. Only (i) applied; the collateral warranties granted by the defenders contained statements inducing Leonardo to believe that the property was free of defects. Leonardo was entitled...

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