Equitable Remedy and Relief in UK Law

  • Micro‐ and macro‐economic effects: secreting assets to evade non‐business (private) obligations and responsibilities
    • No. 10-2, April 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 ... secreted.Susan may have an opportunity for relief from thetax liability under the `innocent spouse' ... ...
  • The Sophistication of Unjustified Enrichment: A Response to Nils Jansen
    • No. , September 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 ... 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
    • No. 39-2, June 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
    • No. 59-2, March 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 ... ...
  • Rationalising the South African Law of Enrichment
    • No. , September 2014
    • Edinburgh Law Review
    • 433-451
    ... ... and indeed challenged by another remedy of the uncodified Civil Law, the extraordinary, ... appear to have been regarded as an equitable remedy in its own right. Although the procedural ... remedy, designed to pro­vide equitable relief where ordinary legal rules fell short. Moreover, ... ...
  • REVIEWS
    • No. 44-1, January 1981
    • The Modern Law Review
    Constitutional Fundamentals, The Hamlyn Lectures. By H. W. R. Wade. De Smith's Judicial Review of Administrative Action. 4th ed. by J. M. Evans. Democracy and Distrust, A Theory of Judicial Review....
    ... ... ~ghlin~~ and Arthurs 20 urge us to remedy this deficiency. We must rethink the ... extension of the availability of equitable relief, long since granted against ... ...
  • Having Your Cake and Eating It? Union Eagle v Golden Achievement Ltd
    • No. 61-2, March 1998
    • The Modern Law Review
    ... ... 1 the Privy Council considered whether equitable relief was available to a purchaser of land who ... , thereby diminishing the utility of the remedy in cases of relief against forfeiture. A ... ...
  • Comparative Notes on Injunction and Wrongful Risk-Taking
    • No. 17-1, March 2010
    • Maastricht Journal of European and Comparative Law
    This article looks into the role of injunctive relief in tort law. More specifically, it focuses on the role of injunction in cases concerning wrongful risk-taking behaviour (as opposed to intentio...
    ... ... article looks into the role of injunctive relief in tort law. More specically, it focuses on ... Keywords : I njunction; ex post remedy; tort of negligence; duty of ca re; rights-based ... only in equity by courts with equitable jurisdic tion. 8 is protection could take t ... ...
  • Reform of Administrative Law Remedies — Method or Madness?
    • No. 6-2, June 1975
    • Federal Law Review
    In the past few years, the subject of administrative law remedies has been studied intensively in many common law jurisdictions. In this article, David Mullan examines the various reforms and propo...
    ... ... Place as an Administrative Law Remedy in Nova Scotia" (1975) 2 Dalhousie ... of the old forms of relief. However, I am beginning to think ... prerogative remedies and the equitable declaratory and injunctive orders were ... ...
  • Negotiating Damages after One Step: Employment Team Move and Misuse of Confidential Information Cases
    • No. , September 2020
    • Edinburgh Law Review
    • 363-388
    ... ... difficult to obtain effective monetary relief in employment team move and misuse of ... for breach of contract or related equitable causes of action like breach of confidence is ... ushered in negotiating damages as the main remedy in misuse of confidential information and, even ... ...
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