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  • 20 Oct 2010 Central London - Remedies Flowchart

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    Nikki Wilson-Martin
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    Court must declare the contract ineffective and must also impose a fine. Court may also award damages. Possible claim for damages.

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    20 Oct 2010 Central London_Remedies Flowchart

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    Court must declare the contract ineffective and must also impose a fine. Court may also award damages. Possible claim for damages.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    21 views1 page

    20 Oct 2010 Central London - Remedies Flowchart

    Uploaded by

    Nikki Wilson-Martin
    Court must declare the contract ineffective and must also impose a fine. Court may also award damages. Possible claim for damages.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    NEW REMEDIES DIRECTIVE

    FLOWCHART

    Has the contract Participant may


    been awarded? No consider serving
    proceedings on
    contracting authority to
    benefit from automatic
    injunction; consider
    entering into dialogue
    Yes
    with participant.

    Are there grounds


    for No Has there been a breach
    ineffectiveness? of the standstill rules or
    automatic injunction?

    Yes
    No

    Are there general Possible


    interest grounds for claim for
    not making a damages.
    declaration of
    ineffectiveness?

    Yes

    The Court must declare


    No
    the contract ineffective
    Yes and must also impose a
    fine. The court may
    also award damages.

    The Court must order at least


    one and may order both of the
    following:
    • contract shortening
    • fine
    and may also award damages.

    © Bevan Brittan 2010

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