provisional remedy
Quick Summary
Provisional remedies in law are measures designed to protect a plaintiff's potential recovery while a lawsuit is ongoing. These remedies aim to prevent harm that could occur due to the time it takes to resolve a legal case.1
Key aspects include:
* Purpose: To ensure that a final judgment is not rendered meaningless by actions taken during the litigation process.1
* Types: Remedies can involve securing funds or property relevant to the case (like attachment or replevin) or stabilizing a situation by ordering parties to act or refrain from acting to prevent irreparable harm (like temporary injunctions).1
* Timing: Provisional remedies can sometimes be granted even before a lawsuit is formally initiated, though legal action typically must follow promptly.1
* Balance: These remedies involve a trade-off between the need for speed to prevent immediate harm and the need for accuracy to avoid unfairly prejudicing the defendant.1
In the UK, a "provisional order" is a type of order issued by a government agency that has the force of law but requires parliamentary confirmation.2
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