7. Equitable Remedies

Question 1

Adderley v Dixon

Answer 1

Specific performance will only be granted where award of damages would not be an adequate remedy

Question 2

Falke v Gray

Answer 2

Ming vase is sufficiently unique

Question 3

Cohen v Roche

Answer 3

Reasonably rare chairs not sufficiently unique

Question 4

Behnke v Bede

Answer 4

SP may be awarded where object is of peculiar value to C

Question 5

Sky Petroleum v VIP

Answer 5

SP more likely where there is limited supply

Question 6

Verrall v Great Yarmouth

Answer 6

SP will be awarded only if services are ‘irreplaceable’

Question 7

Ryan v Mutual Tontine

Answer 7

Services must be clearly defined if SP is to be awarded

Question 8

Co-operative v Argyll

Answer 8

SP will not be awarded if enforcing contract would require constant supervision by courts

Question 9

Trade Union and Labour Relations (Consolidation) Act 1992, s 236

Answer 9

SP will not be awarded against an employee

Question 10

De Francesco v Barnum

Answer 10

If contract is akin to slavery, SP will not be possible

Question 11

Giles v Morris

Answer 11

Where D could simply perform service badly, SP will not be awarded

Question 12

Lumley v Ravenscroft

Answer 12

Mutuality

Question 13

Coatsworth v Johnson

Answer 13

Clean hands

Question 14

Limitation Act 1980, s 36(1)

Answer 14

No statutory limitation period for bringing an action for specific performance

Question 15

Eads v Williams

Answer 15

Unreasonable delay will defeat a claim for the remedy

Question 16

Patel v Ali

Answer 16

Hardship

Question 17

Paton v British Pregnancy Advisory Service

Answer 17

Injunction will only be granted to protect recognisable legal or equitable

Question 18

American Cyanamid

Answer 18

(1) Not frivolous or vexatious

(2) Balance of convenience
• (a) Adequacy of damages – if IPI not awarded, damages sufficient; if so, could C afford to pay + vice versa
• (b) Other factors, e.g. loss of employment (Fellows and Sons v Fisher) and damage to goodwill of business (Associated Newspapers v Insert Media), preserving substantial investment (Catnic v Stressline)

(3) Where not conclusive, status quo ante

Question 19

Garden Cottage v Milk Marketing

Answer 19

Status quo will generally favour granting injunction

Question 20

Shepherd Homes v Sandham

Answer 20

Court must feel ‘a high degree of assurance that at the trial it will appear that the injunction was rightly granted’

Question 21

Evans v BBC

Answer 21

Interim mandatory injunction was granted to compel Ds to screen a party political broadcast for similar reasons

Question 22

Capita v Chatham

Answer 22

Interim mandatory injunction was granted to compel D to sublet unit to magnet tenant

Question 23

Anton Piller v Manufacturing

Answer 23

Search orders
(1) An extremely strong prima facie case (much higher standard than for ordinary mandatory interim injunctions)

(2) Very serious damage, potential or actual to C
(3) Clear evidence that D has incriminating docs and there is real possibility he may destroy them

Here court made order requiring Ds to permit Ps to enter premises to inspect docs relating to confidential information concerning P’s electrical equipment, which P feared D would pass to competitor

Question 24

Lock v Beswick

Answer 24

More likely search order will be granted against ‘fly-by-night video pirates’ than family man grounded in one place

Question 25

Chappell v United Kingdom

Answer 25

Search orders compatible with ECHR, Art 8

Question 26

Derby v Weldon

Answer 26

Freezing injunctions
(1) C has a good arguable case

(2) D has assets within jurisdiction (or without, where extra-territorial order is sought), and
(3) There is a real risk that they will be removed or dissipated

Question 27

Nimea v Trave

Answer 27

‘Good arguable case’ must be ‘more than capable of serious argument’ but need not be deemed to have more than 50% chance of success

Question 28

Mareva v International Bulkcarriers

Answer 28

Freezing order granted to prevent charterer that defaulted on its payment from moving money in English bank account abroad before trial

Question 29

Argyll v Argyll

Answer 29

Clean hands with respect to issue at stake in hearing

Question 30

Bulmer v Bollinger

Answer 30

Delay/laches

‘Inordinate’ delay might defeat claim for injunctive relief

Question 31

Shaw v Applegate

Answer 31

Acquiescence

But only where it would be unconscionable for P to enforce his legal rights

Question 32

AG v Guardian

Answer 32

Account of profits awarded in relation to profits for the unauthorised use of information in breach of confidence