Pendente lite (or pending litigation in English) is a Latin phrase that means “pending the litigation.” In other words, it refers to any court proceedings that are ongoing or yet to be decided. In the business world, it can refer to any number of different types of lawsuits that may be ongoing or disputed between two or more parties.
For example, in the securities trading world, a dispute may arise between two investors over unmet terms of a contract. In this scenario, a suit could be initiated by one of the investors to resolve the issue and the court proceedings would be considered as “pendente lite.” Thus, it’s important to keep in mind that pendente lite encompasses a variety of types of cases, including contract disputes, injunctions, and more.
Examples of Pendente Lite in Legal Practice
Pendente lite can be used to ensure that a contract dispute is resolved prior to the final resolution of the matter in question. A classic example of this is in the case of a breach of contract. This is where one of the parties involved in a contract fails to follow through with the terms of the agreement. In a situation like this, a court may grant a pendente lite order to ensure that the non-breaching party is able to continue to receive the benefit of the original contract agreement until the case is resolved.
In the realm of intellectual property, the pendente lite order may also be used. This is particularly pertinent in cases of patent litigation, where a plaintiff seeks to protect their invention from being copied or used without permission. In such cases, a pendente lite order could be issued to prevent the infringing party from continuing to infringe upon the plaintiff’s intellectual property until the case is decided in court.
Conclusion
Pendente lite is a legal term that is frequently utilized by business professionals and attorneys alike. Whether it be a dispute over a contract or the improper use of intellectual property, pendente lite can be used to ensure that any legal proceedings remain pending until the outcome of the case is decided in court. It is important to remember that the pendente lite order is just one of many tools that can be used to ensure the fair resolution of a case and should not be used as a substitute for comprehensive legal advice.