Koncheva V.A. Interim Measures in the Civil Proceedings in England: the Concept and Certain Types

DOI: https://doi.org/10.15688/lc.jvolsu.2020.2.18

Valentina A. Koncheva, Candidate of Sciences (Jurisprudence), Senior Lecturer, Department of Civil Law and Procedure and Private International Law, Peoples’ Friendship University of Russia, Miklukho-Maklaya St., 6, 117198 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-9919-388X

Introduction: the legal institutions aimed at creating conditions for the efficiency of justice are now the subject of attention in the field of civil proceedings. This includes the institution of interim measures. The legal regulation of interim measures in the civil proceedings in England has been actively developing for several decades and today is of considerable interest to business, science and legal practice. The purpose of the research is to analyze the concept and features of the legal regulation of the main types of interim measures that can be of interest for forming the ideas about the possibilities of development of the Russian civil process. The obtained research results are based on the analysis of the normative provisions of Civil Procedure Rules 1998, the Senior Courts Act 1981, relating to the powers of the courts, the grounds and procedure for applying interim measures in the civil proceedings. The examples of judicial practice and the opinions of the researchers and practitioners are considered. The paper considers the general features of the legal institutions of interim measures in England and Russia and the peculiarities of understanding the legal possibilities of interim measures in the civil proceedings in England. Conclusions: the experience of England in solving the issues of ensuring the efficiency of civil remedies is of interest for both Russian legal science and practice. The study shows that there are specific features of the approach to the functioning of interim measures. This includes a fairly large amount of judicial discretion, a preliminary guarantee of compensation for the defendant’s losses, and mostly voluntary enforcement of the court requirements. The legal experience of England may be of interest for discussing the ways to improve the domestic procedural regulation of interim measures.

Key words: interim measures, civil proceedings in England, anti-claim protection, Civil Procedure Rules 1998, court order, interim order, counterclaim, claim security.

Citation. Koncheva V.A. Interim Measures in the Civil Proceedings in England: the Concept and Certain Types. Legal Concept, 2020, vol. 19, no. 2, pp. 121-128. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2020.2.18

Download this file (1_Koncheva.pmd.pdf) 1_Koncheva.pmd.pdf
URL: https://j.jvolsu.com/index.php/en/component/attachments/download/2208