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Chapter

Cover Essential Cases: Equity & Trusts

Lumley v Wagner (1852) 42 ER 687, Court of Chancery  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Lumley v Wagner (1852) 42 ER 687, Court of Chancery. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Essential Cases: Equity & Trusts

Lumley v Wagner (1852) 42 ER 687, Court of Chancery  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Lumley v Wagner (1852) 42 ER 687, Court of Chancery. The document also includes supporting commentary from author Derek Whayman.

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 Essential Cases: Equity & Trusts

Coventry v Lawrence [2014] UKSC 13, Supreme Court  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Coventry v Lawrence [2014] UKSC 13, Supreme Court. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Essential Cases: Land Law

Tulk v Moxhay (1848) 41 ER 1143, High Court (Chancery Division)  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tulk v Moxhay (1848) 41 ER 1143, High Court (Chancery Division). The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Tulk v Moxhay (1848) 41 ER 1143, High Court (Chancery Division)  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tulk v Moxhay (1848) 41 ER 1143, High Court (Chancery Division). The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Equity & Trusts

Coventry v Lawrence [2014] UKSC 13, Supreme Court  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Coventry v Lawrence [2014] UKSC 13, Supreme Court. The document also includes supporting commentary from author Derek Whayman.

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 Essential Cases: Equity & Trusts

American Cyanamid Co v Ethicon Ltd (No 1) [1975] AC 396, House of Lords  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in American Cyanamid Co v Ethicon Ltd (No 1) [1975] AC 396, House of Lords. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Essential Cases: Equity & Trusts

American Cyanamid Co v Ethicon Ltd (No 1) [1975] AC 396, House of Lords  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision American Cyanamid Co v Ethicon Ltd (No 1) [1975] AC 396, House of Lords. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover JC Smith's The Law of Contract

29. Remedies beyond compensatory damages  

This chapter considers gain-based and equitable remedies for breach of contract, which can be awarded in situations where restricting the claimant to damages would be inadequate. Damages may be awarded to strip a defendant of gains made from a breach of contract. Such ‘restitutionary damages’ are only awarded very rarely in ‘exceptional circumstances’ where the usual remedies for breach of contract are ‘inadequate’, and the claimant has a legitimate interest in preventing the defendant’s profit-making activity and depriving them of their profit. Where damages are inadequate to achieve justice, the court may grant equitable relief. The most important equitable orders are for specific performance and injunctions. Specific performance compels a person to perform their contract. Injunctions can either prevent a person from breaching their contract (prohibitory injunctions) or force a person to comply with their contract (mandatory injunctions).

Chapter

Cover Information Technology Law

12. Copyright infringement in the digital environment  

This chapter analyses cases of copyright infringement in the online environment. It begins by analysing some early cases regarding file-sharing technologies, including A&M Records, Inc. v Napster, Inc., MGM Studios, Inc. v Grokster, Ltd, and Sweden v Neij et al. (The Pirate Bay case). It assesses new techniques for fighting illegal file-sharing, such as blocking access to websites offering file-sharing technology or indexes with a focus on the operation of s.97A website blocking orders. It examines the Supreme Court decision in Cartier International v British Sky Broadcasting and its application in the Nintendo cases Nintendo Co Ltd v Sky UK Ltd and Nintendo Co Ltd v British Telecommunications Plc. Finally, it describes the slightly controversial process known as speculative invoicing and examines the recent case of Mircom International v Virgin Media.

Chapter

Cover Information Technology Law

6. Social networking and antisocial conduct  

This chapter examines antisocial conduct in social media platforms (SMPs) such as Facebook and Twitter, and how it has spawned cases of defamation, blasphemy, and incitement to violence. It first considers how social networking breeds gossip and speculation leading to invasion of privacy, citing the Ryan Giggs case in 2011 and its legal implications of postings on SMPs and comparing this with the later approach of the Supreme Court in the PJS case. The chapter looks at use of SMPs to make criminal threats and organize criminal activity, focusing on the Paul Chambers case and subsequent cases including R (Miller) v College of Policing. It then analyses cyberbullying, trolling, and harassment on SMPs and concludes by looking at plans to amend the communications offences.

Chapter

Cover A Practical Approach to Civil Procedure

18. Requests for Further Information  

A party may sometimes take the view that the statement of case provided by the other side is not as clear as it should be, or fails to set out the other side’s case with the precision that would be expected. In such cases a request may be made for further information about the facts on which the other side’s case is based. This chapter discusses the rules on requests for further information; the response; objecting to requests; orders for responses; requests in freezing injunctions; and collateral use.

Chapter

Cover Holyoak and Torremans Intellectual Property Law

32. Remedies in intellectual property litigation  

This chapter discusses the enforcement procedures used in relation to intellectual property rights, the civil remedies that apply, and some issues which arise in relation to the gathering of evidence in intellectual property cases. It identifies three essential elements in the relationship between intellectual property rights and remedies. First, there are the traditional remedies headed by damages that are normally granted at the trial. Second, intellectual property infringement often requires immediate action or a pre-emptive strike. Finally, gathering evidence that is vital for the full trial in an infringement case.

Chapter

Cover Information Technology Law

12. Copyright infringement in the digital environment  

This chapter analyses cases of copyright infringement in the online environment. It begins by analysing some early cases regarding file-sharing technologies, including A&M Records, Inc. v Napster, Inc., MGM Studios, Inc. v Grokster, Ltd, and Sweden v Neij et al. (the Pirate Bay case). It assesses new techniques for fighting illegal file-sharing, such as blocking access to websites offering file-sharing technology or indexes with a focus on the operation of s. 97A website blocking orders. It examines the recent Supreme Court decision in Cartier International v British Sky Broadcasting which will have substantial implications for costs in these orders. Finally, it describes the slightly controversial process known as speculative invoicing.

Chapter

Cover Tort Law Concentrate

17. Remedies and principles of compensation  

This chapter discusses the main remedies for torts: damages and injunctions. In tort, damages are primarily compensatory and are intended to restore to the claimant what he has lost. Damages may be punitive or aggravated. They may be awarded in a lump sum, or in periodic or provisional form, and may be subject to deductions. An injunction is an order of the court requiring the defendant either to do something (mandatory injunction) or to cease doing something (prohibitory injunction). Interim injunctions anticipate trial of the full issue. Upon death, a remedy may be obtainable on behalf of the deceased or his dependants.

Chapter

Cover Equity and Trusts Concentrate

13. Equitable remedies  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. The common law provides the remedy of damages as of right for any breach. However, damages may not always provide a suitable or adequate remedy. One of the key equitable maxims states that ‘equity will not suffer a wrong without a remedy’. Therefore, over the years the courts have developed a number of equitable remedies to address the limitations of the common law response. This chapter considers the range of equitable remedies which have been developed by the courts: specific performance; injunctions; rescission; rectification; and account.

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 Markesinis & Deakin's Tort Law

25. Other Remedies and Multiple Liabilities  

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.