Equitable Remedy and Relief in UK Law

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Leading Cases
  • Banque Financiere de la Cite v Parc (Battersea) Ltd and Others
    • House of Lords
    • 26 Febrero 1998

    But the term is also used to describe an equitable remedy to reverse or prevent unjust enrichment which is not based upon any agreement or common intention of the party enriched and the party deprived. But the term is also used to describe an equitable remedy to reverse or prevent unjust enrichment which is not based upon any agreement or common intention of the party enriched and the party deprived.

    But I think it should be recognised that one is here concerned with a restitutionary remedy and that the appropriate questions are therefore, first, whether the defendant would be enriched at the plaintiff's expense; secondly, whether such enrichment would be unjust and thirdly, whether there are nevertheless reasons of policy for denying a remedy. But I think it should be recognised that one is here concerned with a restitutionary remedy and that the appropriate questions are therefore, first, whether the defendant would be enriched at the plaintiff's expense; secondly, whether such enrichment would be unjust and thirdly, whether there are nevertheless reasons of policy for denying a remedy.

    When judges say that the charge is "kept alive" for the benefit of the plaintiff, what they mean is that his legal relations with a defendant who would otherwise be unjustly enriched are regulated as if the benefit of the charge had been assigned to him. When judges say that the charge is "kept alive" for the benefit of the plaintiff, what they mean is that his legal relations with a defendant who would otherwise be unjustly enriched are regulated as if the benefit of the charge had been assigned to him.

    This, I interpose, is the real reason why there is no "conceptual problem" about treating BFC as subrogated to part of the RTB secured debt. The equitable remedy is available only against OOL, which is the only party which would be unjustly enriched. The equitable remedy is available only against OOL, which is the only party which would be unjustly enriched.

    Without attempting any comprehensive analysis, it seems to me that the principle requires at least that the plaintiff should have sustained a loss through the provision of something for the benefit of some other person with no intention of making a gift, that the defendant should have received some form of enrichment, and that the enrichment has come about because of the loss. Without attempting any comprehensive analysis, it seems to me that the principle requires at least that the plaintiff should have sustained a loss through the provision of something for the benefit of some other person with no intention of making a gift, that the defendant should have received some form of enrichment, and that the enrichment has come about because of the loss.

  • Scandinavian Trading Tanker Company A.B. v Flota Petrolera Ecuatoriana (Scraptrade)
    • House of Lords
    • 30 Junio 1983

    To grant an injunction restraining the shipowner from exercising his right of withdrawal of the vessel from the service of the charterer, though negative in form, is pregnant with an affirmative order to the shipowner to perform the contract; juristically it is indistinguishable from a decree for specific performance of a contract to render services; and in respect of that category of contracts, even in the event of breach, this is a remedy that English courts have always disclaimed any jurisdiction to grant.

  • B.I.C.C. Plc v Burndy Corporation
    • Court of Appeal (Civil Division)
    • 13 Julio 1984

    Relief is only available where what is in question is forfeiture of proprietary or possessory rights, but I see no reason in principle for drawing a distinction as to the type of property in which the rights subsist.

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Legislation
  • Finance Act 2022
    • UK Non-devolved
    • 1 de Enero de 2022
    ... ... or made under Schedule 15 to FA 2020 (tax relief for scheme payments etc), or ... or reconsideration of a transitioned trade remedy has been initiated by the Trade Remedies ... is of the opinion that it is just and equitable that it should be wound up ... ...
  • Supreme Court of Judicature Act 1873
    • UK Non-devolved
    • 1 de Enero de 1873
    ... ... any equitable estate or right, or to relief upon any ... such Court, such relief, redress, or remedy, or combination of ... remedies, either absolute ... ...
  • Human Rights Act 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ... ... as the court or tribunal considers equitable having regard to all the circumstances, ... the tribunal can provide an appropriate remedy in relation to an act (or proposed act) of a ... the relief or remedies which the tribunal may grant; or ... ...
  • Supreme Court of Judicature (Ireland) Act 1877
    • UK Non-devolved
    • 1 de Enero de 1877
    ... ... ’ shall include every person asking any relief (otherwise than by way of counter-claim as a ... equitable estate or right, or to relief upon any equitable ... of the claim made, or of the relief or remedy required in the action, and which shall specify ... ...
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • T420)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ... ... This is often referred to as the ’remedy‘ which is awarded by the tribunal. A remedy can ... • you are making a claim for interim relief. This is a rare type of claim. The fact that ... has to consider what is just and equitable ... Normally the calculation will be based on ... ...
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