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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 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 Constitutional and Administrative Law

15. Judicial review remedies  

This chapter discusses the different kinds of remedy which a court has the power to grant were it to exercise its discretion in favour of a judicial review claimant. It should be noted that the remedies are at the discretion of the court. They include: a quashing order (formerly certiorari); a prohibiting order (formerly prohibition); a mandatory order (formerly mandamus); declaration; injunction; interim declaration; and substitutionary remedy. Damages, however, are excluded from the list of remedies. Although CPR 54.3(2) provides that a claim for judicial review may include a claim for damages, it further provides that the claim may not seek damages alone. The chapter concludes by considering the proposed reforms to quashing orders under the government’s Judicial Review and Courts Bill.

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 Competition Law

8. Articles 101 and 102: private enforcement in the courts of Member States  

This chapter describes the private enforcement of competition law, that is to say the situation where litigants take their disputes to a domestic court or, quite often, to arbitration. It will deal with the private enforcement of Articles 101 and/or 102 as a matter of EU law, with particular emphasis on the Damages Directive. It also describes private actions for damages and injunctions in the High Court and the UK Competition Appeal Tribunal. The chapter considers the use of competition law as a defence, for example to an action for breach of contract or infringement of an intellectual property right. The chapter concludes with a brief discussion of issues that can arise where competition law disputes are referred to arbitration rather than to a court for resolution.