Equitable Remedy and Relief in UK Law

  • Banque Financiere de la Cite v Parc (Battersea) Ltd and Others
    • House of Lords
    • 26 February 1998
    ... ... clear that BFC only seeks a restitutionary remedy against OOL. In these circumstances it seems ... him ultimately to concede that the relief sought is not discretionary. In any event, the ... , a question on the scope of the equitable remedy of subrogation. The appellant, the Banque ... ...
  • Scandinavian Trading Tanker Company A.B. v Flota Petrolera Ecuatoriana (Scraptrade)
    • House of Lords
    • 30 June 1983
    ... ... the High Court any jurisdiction to grant relief against the exercise by a shipowner of his ... The Laconia itself the availability of equitable relief had not been raised in the courts below; ... if he does so; and the charterer has no remedy in damages against him ... 14To grant an ... ...
  • Devenish Nutrition Ltd v Sanofi-Aventis SA (France) & others
    • Court of Appeal (Civil Division)
    • 14 October 2008
    ... ... v Blake [2001] AC 268 , in which a remedy of the type that it seeks in this case was ... bring a follow-on action to claim personal relief. He may do so by relying on the findings of the ... wrong is a breach of contract, tort or equitable wrong. In support of this proposition, he relies ... ...
  • Goddard v Nationwide Building Society
    • Court of Appeal (Civil Division)
    • 27 June 1986
    ... ... were in any event not entitled to the relief which they sought in respect of it ... Guest and the equitable jurisdiction reaffirmed in Ashburton v. Pape ... affecting the grant of a discretionary remedy, for example on the ground of inordinate delay ... ...
  • Murad and Another v Al-Saraj and Another
    • Court of Appeal (Civil Division)
    • 29 July 2005
    ... ... , who are now the appellants, wide-ranging relief including rescission, declarations, damages and ... The judge held that the remedy of account was "a particularly appropriate remedy ... cross appeal, Mr Newey submits that an equitable allowance is only allowed where the court can be ... ...
  • Barclays Bank Plc v O'Brien
    • Court of Appeal (Civil Division)
    • 22 May 1992
    ... ... , the identification of the equitable principle or principles being applied by their ... Stuart to relief. Unfair advantage of Mrs. Stuart's confidence in ... the bank's position under the equitable remedy sought by the wife to relieve herself of the ... ...
  • B.I.C.C. Plc v Burndy Corporation
    • Court of Appeal (Civil Division)
    • 13 July 1984
    ... ... 's rights under clause 10(iii) was the only remedy available to B.I.C.C. in the event of failure by ... relevant joint rights, and he asked for relief against forfeiture by the extension of time for ... form of set-off, often referred to as equitable set-off, arose in cases in which a Court of ... ...
  • Bank of Cyprus UK Ltd v Menelaou
    • Supreme Court
    • 04 November 2015
    ... ... void and that Melissa was entitled to the relief sought in her claim and, as it is put in the ... was entitled to be subrogated to an equitable charge by way of an unpaid vendor's lien over ... ; and (d) the need to confine the remedy to disgorgement of undue enrichment, and not to ... ...
  • Verrall v Great Yarmouth Borough Council
    • Court of Appeal (Civil Division)
    • 18 October 1979
    ... ... Party could not go there? Would the only remedy be damages? Clearly not. The court would order ... policy disentitled the plaintiffs to equitable relief such as thelearned judge had granted ... ...
  • Cheltenham and Gloucester Plc v Appleyard and Another
    • Court of Appeal (Civil Division)
    • 15 March 2004
    ... ... Their mortgage was, as a result purely equitable, and was recorded as such at the Land Registry ... &B under the B&B mortgage; and ii) relief under their subrogated rights, including ... subrogation, bearing in mind that "the remedy of subrogation 'may vary with the circumstances ... ...
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