Equitable Remedy and Relief in UK Law

In this Topic
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.

    It is a means by which the court regulates the legal relationships between a plaintiff and a defendant or defendants in order to prevent unjust enrichment. It is a means by which the court regulates the legal relationships between a plaintiff and a defendant or defendants in order to prevent unjust enrichment.

    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.

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

    The fact that the right to forfeiture arises under a commercial agreement is highly relevant to the question whether relief against forfeiture should be granted, but I do not see that it can preclude the existence of the jurisdiction to grant relief, if forfeiture of proprietary or possessory rights, as opposed to merely contractual rights, is in question.

  • 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.

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Legislation
  • The Insolvency (England and Wales) Rules 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... “debt relief restrictions register” means the register ... (g) the nature of the remedy or order applied for or the directions sought ... in the circumstances it is just and equitable that the company should be wound up; . (p) a ......
  • Law of Property Act 1925
    • UK Non-devolved
    • 1 de Enero de 1925
    ...... General Principles as to Legal Estates, Equitable Interests and Powers. Part I. . General ...duties, reliefs, heriots, fines, sums of money, amerciaments,. ... exercise of the power shall have his remedy. in damages against the person exercising the ......
  • 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,. . but ...remedy in relation to an act (or proposed act) of a ...add to— . . (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
  • Micro‐ and macro‐economic effects: secreting assets to evade non‐business (private) obligations and responsibilities
    • Núm. 10-2, Abril 2003
    • Journal of Financial Crime
    • 166-183
    Investigates the effects on the family and society when an American business owner hides his wealth from creditors and family members, based on a case study where a non‐custodial father moved funds...
    ...... becomes necessary in order toensure an equitable division of assets, especiallywhere there is ... These remediesare examined below.Equitable remedy of a preliminaryinjunctionWhere legal remedies ... is forthcoming.41TAX OBLIGATIONS AND RELIEFTaxes and taxing authoritiesThe legal remedies, if a ......
  • The Sophistication of Unjustified Enrichment: A Response to Nils Jansen
    • Núm. , Septiembre 2016
    • Edinburgh Law Review
    • 312-325
    ...... under the lex Rhodia , and obligations of relief. 33 Stair did not however offer very much ... recompense, not to be used where another remedy is available. 42 . . . C. . THE ANALYSIS OF ... a free-standing, extra-ordinary and equitable remedy capable of providing relief in its own ......
  • The ‘Fatal Conundrum’ of ‘No-Consideration’ Clauses after Plaintiff M61
    • Núm. 39-2, Junio 2011
    • Federal Law Review
    ...... Moreover, declaratory relief was appropriate even though the ... This remedy-focused interpretation of no-consideration ... it is well accepted that the equitable remedies of injunction and declaration have ......
  • Future Freedom and Freedom of Contract
    • Núm. 59-2, Marzo 1996
    • The Modern Law Review
    ......) restrictive covenants, (b) ‘equitable relief clauses (clauses specifying specific ... cannot be fettered: Brownsword, ‘Remedy-Stipulation in the English Law of Contract ......
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Law Firm Commentaries
  • Large Deposits In Land Transactions: Are They Penalties?
    • Mondaq UK
    ......Dojap issued proceedings to obtain relief from forfeiture of the deposit. Lord ...The equitable remedy of relief from forfeiture applies and will ......
  • A Month in UK Employment Law - March 2012
    • JD Supra United Kingdom
    In This Issue: A monthly newsletter covering the latest developments in UK Employment Law. Case Update - 1 News Update - 4 Excerpt from Case Update: ...
    ...... A springboard injunction is a form of equitable relief that is intended to deprive wrongdoers of ...It is therefore a powerful remedy in the context of team moves. In this case, Mr. ......
  • Mortgage set aside for undue influence but lender still entitled to possession pursuant to its equitable charge
    • JD Supra United Kingdom
    The recent case of Santander UK PLC v. (1) Ashley Shaun Fletcher and (2) Paula Denise Fletcher [2018] EWHC 2778 (Ch) provides a useful reminder of the principles of undue influence in mortgage tran...
    ...... intentions, when considering whether or not to grant equitable relief to remedy a mistake. . The judge had either made findings of fact ......
  • Team Moves And Use Of Springboard Relief
    • Mondaq United Kingdom
    ...... injunction as final relief.  A Springboard injunction is an equitable remedy which effectively imposes a restraint of trade on a defendant in ......
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