Equity

Injunctions


Interlocutory injunctions

An injunction can be used as an equitable procedure to regulate the parties’ conduct prior to determination of a legal dispute

Interlocutory mean that it is granted a step on the ways to the final disposal of teh case

It is preliminary or interim in nature but is not the final judgment of the court in question

American cyanamid v Ethicon

The court developed a set of guidelines to establish whether an applicants case merited the granting of an interlocutory injunction

The main guidelines are:

  • Whether there is a serious question to be tried

  • What would be the balance of convenience of each party should the order be granted

  • Withered there are any special factors


Constructive trusts

A constructive trusts is a equitable remedy resembling a tryst imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment of interference (bribes and whatnot)

A trust impose by the courts whenever the defendant knows that he has dealt with property in an unconscionable manner such as stealing iy, possessing it via fraud, and accepting a bribe while in occupation of a fiduciary office

Intended to take the property from the defendants control, preventing them from causing additional harm with it


Equitable maxims

One who comes into equity must come with clean hands

If you ask for help about the actions of someone else but have acted wrongly then you do not have clean hands and you may not receive the help you seek

The require,Emmy of clean hands does not mean that a bad person cannot obtain the aid of equity

The defence of unclean hands only applied if there is a nexus between the applicants wrongful act and the rights he wishes to enforce

Maxims:

  • Clean hands

D&C Builders LTD v Rees

*promissory estoppel


  • He who seeks equity must do equity

Chapel v Times Newspapers LTD

Newspaper employees on strike applied for an injunction to stop their employers from sacking them

They were told by the court that they would only get an injunction if they stopped their strikes action. They refused and the injunction was refused


  • Equity does not act in vain

It will not allow a statute to be used as an engine of fraud

Delay defeats equity, you must ask for an equitable remedy within a reasonable time

Leaf v International Galleries