Equitable Remedies Flashcards
(26 cards)
Shalson v Rossi
Two years for breach
Sports direct v rangers international F.C.
S abuse of process
If court not enforce breaches whole system weakened
Coventry v Lawrence
Damages awarded in lieu of injunction
Dering v Earl of winchelsea
Clean hands
Does not mean general depravity, must have immediate and necessary relation to the equity shed for, legal and moral sense
Argyll v Argyll
Clean hands
A person coming to equity for relief must come with clean hands
Attorney general v observer
Remedy in vain
Lester v wood gate
Leches, undue delay
General equitable defence bars the grant of equitable relief when undue delay in assertin rights
AB v CD
Justice preferred injunction to prohibit breach
Red land bricks ltd v Morris
- Strong possibility grave damage accrue
2. Damages not sufficient/adequate
Red land bricks ltd v Morris— negative injunction
A negative injunction is granted to prevent the continuance or recurrence of a wrongful act
Redland bricks ltd v Morris— quia timer
No harm but threatening and intending
Venables v News group
Against whom? Identified party
Bloomsbury publishing v news group newspaper
Against whom?
Contra minding
Middleton v person unknown
Against whom?
Those fitting description
American cyanamid test
Serious issue
Prima facie case
Not frivolous
Cayne v Global nature resource
What can the court do in its best endeavour to avoid injustice?
Smith v inner London education authority
Special factors?
Public
Mareva compania naviera sa v international bulk carries
No payment, freezing injunction granted
BCS corporate acceptances v terry
A freezing order is not proprietary relief and obtaining security is not its purpose
Anton piller KG
Search for computer pieces
Entick v Carrington
Search order
Permission of defenders
Patel v Ali
Specific performance would be refused as hardship amounting to injustice if granted
Torquay hotel
Picket
Quia timet granted
Status qui
Hubbard v Pitt
Balance convenience
