Equitable remedies

Question 1

Injunctions

Answer 1

The Court will give an injunction, on equitable principles, where the balance of convenience requires.

Question 2

Mareva Orders

Answer 2

This is an order to freeze assets in a jurisdiction as surety against possible damages. The aim is to prevent defendants from placing his assets outside the jurisdiction and beyond the court’s reach.

Question 3

ANTON PILLER ORDERS

Answer 3

Sometimes described as a civil search warrant (though that is misleading), it is an order of the court to allow the claimant to enter the defendant’s premises and search for evidence that will support the claimant’s case.

An order requires an extremely strong prima facie case that the evidence exists and that the defendant is likely to destroy it rather than disclose it in civil proceedings.

Question 4

ACCOUNT

Answer 4

A liability to account is an equitable remedy which may be used if a person has come into property unconscionably

Unlike the compensatory remedies in tort law, a duty to account will hold the defendant liable not for the loss suffered by the claimant, but for any profit gained. The remedy (i.e. account) is available even if the claimant has suffered no financial loss (Boardman v Phipps)