Equitable Remedies Flashcards
Co-Op v Argyll
SP not effective remedy if it requires constant supervision by the courts
Venables v News Group
Prevent disclosure of info where the release of such info would create serious risk to PI
American Cyanamid
Serious question to be tried
Damages are not adequate
Balance of convenience between parties (won’t be unfair)
Other special factors
Morning Star v Express Newspapers
Not a serious question - only a moron in a hurry would confuse morning star with daily star
Anton Piller
Search Orders: Extremely strong prima facie case Potential for serious harm Evidence D has items in possession Real possibility they will be destroyed Full and frank disclosure of material matters of the case
Mareva
Freezing orders:
If there is danger D may seem to remove or destroy assets to avoid paying damages then can be frozen
Sky Petrol v VIP Petrol
SP - unique nature of petrol in the shortage made it specifically performable