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