Equitable Remedies

What are equitable remedies?

Discretionary remedies the courts can award when damages do not suffice.

(Injunctions, Specific Performance, CRA 2015 remedies)

1. Injunctions

This stops someone from interfering with the rights of another. The most common type is a prohibitory injunction that stops someone doing something.

These can be permanent or temporary (AB v CD). Temporary injunctions are called interim injunctions.

Mandatory injunctions instruct a party to do something. Page One Record v Britton: Manager of a band asked the courts for a prohibitory injunction to stop the band from hiring a new manager. This failed.

Injunctions can be awarded to prevent a future breach (Lauritzencool v Lady Navigation)

They will not be awarded if unfair on the D. (Shell v Lostock Garage)

2. Specific Performance

These instruct a party to fulfill their contractual obligations if it is deemed fair to do so.

Airport Industrial v Heathrow Airport: Judge refused to give specific performance as it would have been unfair.

This is usually for unique items/scenarios that cannot be replicated, such as selling a specific piece of land.

They can be granted when:

• Damages would be inadequate/nominal (Beswick v Beswick)

• When the contract is vague/consideration is nominal

They can’t be granted when:

• It is unfair on the D (Patel v Ali)

• It is for personal services (e.g. tutoring/babysitting)

• Can’t be used to take advantage of a mistake made by D (Walters v Morgan)

3. Consumer Rights Act 2015 Remedies

Remedies for the consumer:

-s.20: Short term right to reject (must be exercised within 30 days)

-s.23: Right to repair/replacement

-s.24: Final right to reject/price reduction

-s.55: Right to repeat performance

-s.56: Right to price reduction

Remedies for the trader:

-Right to retain the goods until payment.

-Right to regain possession of goods in cases of insolvency.