10 Remedies I
James J. Fawcett
- Provisional remedies — Set off and counterclaim — Constructive trusts and tracing — Statutory restrictions — Search orders — Freezing orders — Interlocutory injunctions — Rome I Regulation and choice of law — Scope of the law applicable under the Rome II Regulation — Interim anti-suit injunctions
10.01 It has long been the position in the common law of Commonwealth countries that a claimant can only obtain remedies which are available under the law of the forum.1 Yet such a principle needs to be carefully evaluated to assess whether it reflects contemporary notions of procedure based on the mode or conduct of court proceedings and practicality, as opposed to simply being a manifestation of the outdated right / remedy distinction. Certainly the statement is true to the extent that it suggests that the forum has no power to award relief existing under...