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Chapter

Cover A Practical Approach to Civil Procedure

42. Interim Injunctions  

This chapter discusses the rules on interim injunctions. Interim injunctions are temporary orders made with the purpose of regulating the position between the parties to an action pending trial. Such an order is particularly useful where there is evidence that the respondent’s alleged wrongdoing will cause irreparable damage to the applicant’s interests in the period between issue of process and trial. The chapter covers judges able to grant injunctions; pre-action applications for interim injunctions; applications during proceedings; principles for the granting of interim injunctions; defences and bars to relief that may be raised on an application for an interim injunction; interim injunction orders; and effect of not applying for interim relief.

Chapter

Cover Complete Equity and Trusts

18. Equitable remedies  

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter on equitable remedies discusses that the courts’ powers to grant equitable remedies are discretionary and that equitable remedies vary from case to case. It also looks at the difference between the principles governing the grant of general and specific injunctions and the principles governing the grant and refusal of specific performance. It also mentions that all equitable remedies are in personam and can be granted in respect of property outside the jurisdiction of the court.

Chapter

Cover Administrative Law

12. Remedies  

Mark Elliott and Jason Varuhas

This chapter examines the remedies that may be granted when administrative action is deemed unlawful. It begins with an overview of the provisions of Senior Courts Act 1981 and goes on to discuss the role of injunctions in public law, the availability of interim injunctions, and the question of whether injunctive relief may issue against the Crown. It then considers the role of declarations in public law, along with relator proceedings brought by the Attorney-General on behalf of a member of the public or an agency in order to obtain an injunction or declaration. In particular, the chapter explores quashing orders, the most commonly sought remedy in judicial review proceedings, as well as prohibiting orders and mandatory orders. A number of relevant cases are cited throughout the chapter, including R v. Ministry of Agriculture, Fisheries and Food, ex parte Monsanto plc [1999] QB 1161.

Chapter

Cover Pearce & Stevens' Trusts and Equitable Obligations

4. Equitable remedies in modern English law  

This chapter discusses equitable remedies. Equitable remedies apply in all fields of law, from disputes over property or entitlement in contract and intellectual property, to preventing harm, or to the proceeds of wrongdoing being dissipated before a claim can be made against them. Equity evolved these remedies in the Court of Chancery to ameliorate the common law. Sometimes the remedies (like rescission) modified the harshness of the common law rules. Sometimes the remedies (like specific performance and injunction) provide alternative relief to the common law remedy of damages. Key elements of all three actions of recission, specific performance, and injunctions are covered.

Chapter

Cover The Principles of Equity & Trusts

21. Equitable Orders  

This chapter examines various other equitable remedies to illustrate the significant impacts of Equity on the remedial landscape of English law, particularly in a commercial context. It discusses the key principles that influence the equitable jurisdiction to make orders. These remedies include various types of injunction, including freezing orders, search orders, specific performance, rescission, and rectification. In each case the nature and function of the order is examined and the requirements for obtaining each order is identified. The chapter particularly focuses on the remedy of rescission to determine when the remedy should be available and how it operates. The chapter identifies various principles relating to the award of equitable orders and makes connections to other fundamental equitable principles which have been recognized throughout the book.

Chapter

Cover Intellectual Property Law

49. Civil and Criminal Remedies  

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter deals with civil and criminal remedies that are available where intellectual property rights are violated. It first considers the civil relief that is available before a trial takes place, namely, interim injunctions and prevention of imports. It then outlines the civil remedies that are available at full trial: final injunction, delivery up or destruction, the awarding of damages, the account of profits, and publicity orders. Finally, the chapter examines the various criminal remedies that intellectual property right holders may avail.

Chapter

Cover Concentrate Questions and Answers Equity and Trusts

14. Equitable Remedies  

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers, and author commentary. This book offers advice on what to expect in exams and how best to prepare. This chapter covers questions on equitable remedies.