Prepared by our London office at Holborn Gate, 330 High Holborn, London, WC1V 7QH. This note outlines the principal categories of substantive and interim remedies that commonly arise in commercial and civil disputes in Bangladesh, with comparative reference to England and Wales where useful. It is intended as a descriptive, high‑level resource rather than advice on a particular matter.

Overview

Bangladesh follows a common‑law tradition; remedies available for breach of contract, tort and equitable claims therefore resemble those in other common law jurisdictions. The availability and form of relief will depend on the nature of the cause of action, the relief sought, and procedural rules of the forum court. Parties in cross‑border disputes should consider both local remedies in Bangladesh and the enforceability of foreign awards or judgments.

Substantive remedies

Substantive remedies are those granted at final hearing or judgment to address the rights and obligations of the parties. Typical categories include:

• Damages: Compensation for loss flowing from breach. Assessment may follow principles established in contract and tort jurisprudence.
• Specific performance: An order compelling contractual performance where damages are an inadequate remedy, particularly in relation to unique assets or obligations.
• Injunctions and declaratory relief: Declarations of legal rights and prohibitory or mandatory injunctions to prevent or require action.
• Restitution and account of profits: Remedies to disgorge unjust enrichment or profits obtained from wrongful conduct.
• Rescission and rectification: Orders to set aside or correct contracts where vitiating factors such as misrepresentation or mistake are established.

Interim remedies

Interim (or interlocutory) measures preserve rights and assets pending final determination. Courts in Bangladesh, as in other common law jurisdictions, can grant a range of interim relief where criteria such as urgency and balance of convenience are met. Common interim remedies include:

• Interim injunctions (prohibitory and mandatory).
• Preservation and freezing orders to prevent dissipation of assets.
• Search and seizure or disclosure orders in proprietary or IP disputes.
• Security for costs and interim payments in insolvency or contractual disputes.
• Appointment of receivers or trustees to preserve assets.

When pursuing interim measures in cross‑border cases, practitioners should plan for service, evidence, local practice on undertakings and damages, and enforcement of any orders.

Practical checklist

1. Clarify the relief needed (preservation, interim compensation, final remedy).
2. Assess urgency and identify documentary evidence and witness material to support interim relief.
3. Consider forum strategy: local proceedings in Bangladesh versus foreign proceedings or arbitration.
4. Instruct local counsel experienced in interlocutory practice and enforcement mechanics.
5. Plan for enforcement: preserve assets, consider injunction undertakings and potential cross‑border enforcement of judgments/awards.
6. Explore ADR routes (mediation, arbitration) where speed and confidentiality are priorities.

Jurisdiction and sources

For statute and authoritative practice guidance consult the relevant official materials:

• Supreme Court of Bangladesh
• Bangladesh legislation and Gazette
• Bangladesh Law Commission
• Legislation.gov.uk (England and Wales statutes and statutory instruments)
• Civil Procedure Rules (England and Wales)

General information only; not legal advice and not a substitute for advice on a particular matter.