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 Feb 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
    • 13 Jul 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 Jun 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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Books & Journal Articles
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Law Firm Commentaries
  • A Month in UK Employment Law - March 2012
    • JD Supra United Kingdom
    • Proskauer Rose LLP
    • 31 de Marzo de 2012
    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. ......
  • Large Deposits In Land Transactions: Are They Penalties?
    • Mondaq UK
    • 10 de Diciembre de 2014
    ......Dojap issued proceedings to obtain relief from forfeiture of the deposit. Lord ...The equitable remedy of relief from forfeiture applies and will ......
  • Mortgage set aside for undue influence but lender still entitled to possession pursuant to its equitable charge
    • JD Supra United Kingdom
    • Dentons
    • 27 de Noviembre de 2018
    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
    • 22 de Febrero de 2012
    ...... 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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