Equitable Remedies Flashcards
What are equitable remedies?
Common law only offers damages as remedies. Sometimes this is not enough, so equitable remedies are needed.
They are at the court’s discretion and can operate against the defendant (a bad trustee or stranger) personally.
What state must the claimant be in to get equitable remedies?
They must come with clean hands and without any undue delay.
What is an injunction?
Court order that stops the other party from doing something
What are the types of injunctions that can be used?
2 types.
Perpetual injunction - served on case judgement
Interrim injunction - served before case proceedings, usually when there is an immediate threat.
What is a type of interrim injunction that is often used?
Interrim Prohibition injunction
What are the grounds for an Interrim Prohibition injunction?
When the issue is serious and needs urgent attention.
When D must be stopped from doing something that might be damaging - such as publishing info.
When damages alone are not an adequate remedy.
What are 2 orders that can be used to halt or retrieve evidence? These are methods of how injunctions are carried out.
Freezing orders and search orders
What is a search order and on what grounds can it be used?
When court order gives right for defendant’s premises can be entered and they can search and retrieve any evidence.
Grounds:
+ there must be a strong prima facie case
+ it is clear that the evidence could be or will be destroyed
+ D has intent to destroy the evidence
What is a freezing order and on what grounds can it be used?
When court orders D not to move their assets outside of England and Wales before trial.
Grounds:
- C must have a strong case
- There must be a real threat that D will move their assets.
- D has assets in England and Wales
What other equitable remedy can be used, other than injunctions?
Specific performance.
When is specific performance used and what is it?
When the court orders the performance of the obligations under a contract.
Commonly used regarding land stuff and sometimes in sale of goods contracts where the item was incredibly unique.
What other equitable remedy is available, other than injunctions and specific performance?
An ‘Account of Profits’:
Basically the courts impose a constructive trust - to account for any profits made as a result of a breach of trust by trustee or an assistance or receiving of trust property by a stranger … and any profits from trust property thereof.
Basically, D must pay money back.
Same thing as a fiduciary duty breach that results in personal remedy = paying any profits received via breach of trust back to beneficiary.
