p. 87125. Other Remedies and Multiple Liabilities
- Simon DeakinSimon DeakinProfessor of Law and a Fellow of Peterhouse, University of Cambridge
- , and Zoe AdamsZoe AdamsJunior Research Fellow, King's College, University of Cambridge, King's College, University of Cambridge
Abstract
This chapter discusses continues from the preliminary discussion of remedies in chapter 24, to discuss the following: injunctions, damages in lieu of an injunction, and joint and concurrent liability. An action for damages lies after a tort has been committed. An injunction is sought to prevent the continuance of a tort or in anticipation of a threatened tort. It is an order commanding the discontinuance of some activity or forbidding the causing of damage. Where a court could issue an injunction, but decides against doing so, it may award damages in lieu. This power was originally conferred by section 2 of the Chancery Amendment Act 1858 (Lord Cairns’ Act) and has been continued by later legislation. The chapter discusses when it might be appropriate for a court to make an award of damages in lieu of an injunction, particularly in light of recent case law in the context of the law of nuisance. The issue of joint and concurrent liability is also of interest, and should be understood against the back-drop of the discussion about causation in chapter five.
