Equitable Remedies Flashcards
What does Section 37 of the Senior Courts Act 1981 allow the High Court to do?
The High Court can grant an injunction or appoint a receiver in cases where it is just and convenient to do so (or create new injuctions).
What was the main point from Wolverhampton City Council v London Gypsies and Travellers?
Newcomer injunctions can only be granted if there is a compelling need to protect civil rights or enforce public law, and no alternative remedy is available.
What procedural safeguards were emphasized in Wolverhampton City Council v London Gypsies and Travellers for granting newcomer injunctions?
Applications must be widely advertised, injunctions must be limited in time and scope, and the applicant must disclose relevant information to affected parties.
What is the significance of Lawrence v Fen Tigers Ltd (2014) regarding damages?
The court may award damages instead of an injunction in nuisance claims if damages are sufficient to compensate and more appropriate under the circumstances.
What principle was confirmed in Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd (1998)?
Specific performance is discretionary and will not be granted when it imposes undue hardship, such as in the case of a ‘keep open’ covenant.
In Pitt v Holt (2013), when can a voluntary disposition be set aside in equity?
A voluntary disposition can be set aside if there is a causative mistake of sufficient gravity, making it unjust to leave the disposition uncorrected.
How did National Union of Rail, Maritime and Transport Workers v Tyne and Wear Passenger Transport Executive (2024) affect collective agreements?
It held that a collective agreement could be rectified if incorporated into individual employment contracts, thus affecting legal rights.
What are the grounds for rectification according to Marley v Rawlings (2014)?
Rectification is available for failure to understand instructions or clerical errors in a document.
What principle is illustrated in Beswick v Beswick (1968) regarding specific performance?
The court can grant specific performance to enforce a contract even if the claimant is not a direct party, as long as they are acting in a representative capacity (e.g., as an administratrix).
What factors allow damages in lieu of an injunction according to Jaggard v Sawyer (1995)?
Damages can be awarded in lieu of an injunction when the injury is small, can be compensated by money, and granting an injunction would be oppressive.
What guidelines did American Cyanamid Co v Ethicon Ltd (1975) set for granting interim injunctions?
There must be a serious question to be tried.
Damages must be inadequate.
The balance of convenience must favor granting the injunction.
What does Porter & Anor v Stokes (2023) say about rectification of a deed?
Rectification of a deed is permissible if the written document does not reflect the parties’ true agreement due to a mistake.
What are the facts of Marley v Rawlings (2014)?
Will that mistakenly named the wrong spouse as the beneficiary.
Sought rectification of the will to reflect the true intention of the deceased.
The court ruled in favor of rectification, as the will did not match the testator’s intentions due to a clerical mistake.
What is the definition of specific performance as an equitable remedy?
Specific performance is a court order requiring a party to perform a specific act as agreed in a contract, typically used when damages are insufficient.
It is often used for unique goods or property that cannot be replaced or for contracts involving rare or special items.
What are newcomer injunctions and when can they be granted?
Newcomer injunctions are injunctions granted to protect civil rights or enforce public law, typically in cases where there is a compelling need and no adequate alternative remedy.
They are often used in circumstances involving vulnerable or affected groups, such as Gypsies and Travellers.
