Equitable Remedy and Relief in UK Law
-
Banque Financiere de la Cite v Parc (Battersea) Ltd and Others
“
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)
“
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
“
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.
-
Finance Act 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
... ... 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
... ... 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
... ... ’ 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 ... ...
-
Micro‐ and macro‐economic effects: secreting assets to evade non‐business (private) obligations and responsibilities
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 ... secreted.Susan may have an opportunity for relief from thetax liability under the `innocent spouse' ... ...
-
Payment of Patent Maintenance Fees Merely Mechanical
... ... , Justice Hughes also fashioned an equitable remedy of relief from forfeiture against public ... ...
-
Canadian Federal Court of Appeal Confirms That Irreparable Harm Must Be Demonstrated in Injunction Cases
... ... as an extraordinary, discretionary, and equitable remedy to be granted sparingly. To obtain such ... that, in order to obtain interim relief against the use of a trade mark, a plaintiff must ... ...
-
All That Glitters: Federal Court of Canada Issues Canada's First Website Blocking Order against Goldtv
... ... of equity, with the ability to grant equitable forms of relief (like injunctions), namely: 4 ... that Cartier was used to fashion a remedy against GoldTV and a new ground of ... ...
-
Relief From Forfeiture
... ... Relief from forfeiture is a discretionary equitable remedy, and ... the court will look at whether the granting of relief will ... ...
-
A Month in UK Employment Law - March 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: TEAM MOVES AND SPRINGBOARD INJUN...... ... 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, ... ...
-
Large Deposits In Land Transactions: Are They Penalties?
... ... 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 Ms Clare Stothard, Steven Mills and Beth Lovell
... ... intentions, when considering whether or not to grant equitable relief to remedy a mistake. The judge had either made findings of fact about Mrs ... ...
-
T420)
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 ... ...