Term
| Adderley v Dixon (Sir John Leech VC) |
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Definition
| Only if damages at law do not afford a complete remedy will specific performance be available. |
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Term
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Definition
| Personalty articles of 'unusual beauty, rarity and distinction' (Ming vase) |
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Term
| Cohen v Roche (McCardie J (KB)) |
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Definition
| "Ordinary article of commerce" and not of special value to the plaintiff (Hepplewhite chairs) |
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Term
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Definition
| Personalty: Stocks and shares not available on the market |
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Term
| Behnke v Bede Shipping (Wright J (KB)) |
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Definition
| Personalty: If similar article not available at same price 'peculiar and practically unique value to the claimant' |
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Term
| Verral v Great Yarmouth Borough Council (Denning MR (CA)) |
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Definition
| Contracts for services: Only if not compensatable in damages |
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Term
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Definition
| Compelled to screen PPB by Plaid Cymru. (IMI) |
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Term
| Ryan v Mutual Tontine Westminster Chambers Association (Esher MR (CA)) |
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Definition
| Contracts for services: Constant supervision (Equity will not act in vain) |
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Term
| Posner v Scott Lewis (Mervyn Davies J) |
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Definition
| Contracts for services (Constant supervision) Distinguishes Ryan. If service clearly defined, SP available |
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Term
| Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd* ((HL)) |
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Definition
| Requirement to keep shop open would require constant supervision |
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Term
| De Francesco v Barnum* (Fry LJ) |
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Definition
| Contracts of service into contracts of slavery |
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Term
Giles & Co v Morris* (Megarry J) |
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Definition
Imperfections in performance
‘If the singer sang too sharp… who could say whether the imperfections were natural or self-induced?’ |
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Term
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Definition
| Restraint of breach of confidence granted even though D's conduct had led to divorce |
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Term
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Definition
| Person seeking specific performance must do so in good faith |
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Term
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Definition
| No specific performance if it would cause severe hardship |
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Term
| American Cyanamid Co v Ethicon Ltd* (Diplock LJ (CA)) |
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Definition
| Guidelines for interim injunctions |
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Term
| Garden Cottage Foods Ltd v Milk Marketing Board () |
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Definition
| last change' (Status quo ante) is usually the commencement or commission of the alleged wrong |
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Term
| Shepherd Homes v Sandham (Megarry J ) |
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Definition
| "Court must feel a high degree of assurance that at the trial it will appear that the injunction was rightly granted." Refusal of interim injunction after delay of a few months |
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Term
| Locabail International Finance Ltd v Agroexport ((CA)) |
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Definition
| Confirmed Shepherd Homes test. (Test not affected by Cyanamid) |
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Term
| Page One Records v Britton () |
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Definition
| Injunctions won't be granted if same effect as SP and SP not appropriate |
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Term
| Anton Piller KG v Manufacturing Processes Ltd (Denning MR (CA) (Test from Ormrod LJ)) |
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Definition
| Search orders only when 1) extremely strong prima facie case; 2) very serious damage, potential or actual, to claimant 3)clear evidence that the defendant has incriminating items and real possibility that he will destroy them |
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Term
| Lock International plc v Beswick (Hoffman J) |
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Definition
Search orders:
Need for proportionality between the perceived threat to the paintiff's rights and the remedy granted. Not 'fly-by-night video pirates'. |
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Term
| Derby v Weldon (Parker LJ (CA) Nicholls LJ warning against the power) |
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Definition
| Requirements for FI: 1. Good arguable case; 2 Assets within jurisdiction; 3. real risk of removal or dissipation |
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Term
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Definition
| Worldwide Mareva granted against a director and employee of BCCI. (Personal liability for fraud) |
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Term
| AG v Guardian Newspapers () |
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Definition
| Spycatcher: Account for profits |
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Term
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Definition
| Can't award specific performance against a minor, for mutuality |
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Term
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Definition
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Term
| s37(1) Senior Courts Act () |
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Definition
| HC authority to grant injunctive relief |
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Term
| s236 Trade Union and Labour Relations (Consolidation) Act 1992 () |
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Definition
| No SP for contract of employment (Statutory) |
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Term
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Definition
| CC authority to grant injunctive relief |
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Term
| Mareva v International Bulkcarriers SA (Denning MR (CA)) |
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Definition
| Creation of the freezing injunction |
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Term
Day v Brownrigg naming of houses
Paton v BPAS injunction to prevent wife having abortion |
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Definition
| SP can only protect a recognisable legal or equitable right |
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Term
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Definition
| Order to perform positive contractual obligations |
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Term
| Sky Petroleum v VIP Petroleum |
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Definition
| If limited supply, there will be a greater chance of an IMI. |
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Term
| Interim Mandatory Injunction |
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Definition
| An order requiring the defendant to act. (Available as a pre-trial remedy) |
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Term
| Relationship breakdown & definite proximity |
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Definition
| Reason for declining SP in contract of service |
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Term
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Definition
| Other factors for IMI: Loss of employment |
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Term
| Associated Newspapers v Insert Media Ltd |
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Definition
| Other factors for IMI: Damage to goodwill of business |
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Term
| Catnic Components v Stressline Ltd |
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Definition
| Other factors for IMI: Preserving a substantial investment |
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Term
| Cambridge Nutrition v BBC |
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Definition
| If injunction disposes of action, relative strengths of each case must be examined, and IPI only granted if overwhelming. |
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Term
| Greene v Associated Newspapers |
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Definition
| If alleged libel not obviously untruthful, no IPI |
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Term
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Definition
| IPI on publication unlikely unless Ct satisfied that applicant is likely to establish that publication should not be allowed. |
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Term
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Definition
| IPI against public authorities exercising statutory powers requires extremely strong case. |
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Term
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Definition
| A clear breach does not require American Cyanamid guidelines |
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