Category: Equitable Remedies

Overview An injunction is a court order compelling the person to whom it is addressed to do or refrain from doing something specified in that order. More commonly, because of the practicality of enforcement, they will restrain a person from doing a particular act. They will, accordingly, be framed in negative terms in most cases.  […]

Injunctions without Notice The Courts which exercise equitable jurisdiction (the Circuit Court, the High Court and the Court of Appeal or the Supreme Court on appeal) may, in exceptional cases of necessity, grant an injunction on the application of one party to legal proceedings, without prior notice to the other party. This is referred to […]

The Pre-Trial Injunction An Injunction may be granted at an early stage in proceedings to preserve the status quo until the full trial. Generally, an injunction is prohibitory i.e. it is worded in the negative. Legislation and Court rules provide that an Injunction may be granted where the Court thinks that is just. Injunctions are equitable […]

Mareva Injunction In exceptional cases where a necessity can be shown, the court may make an order (usually) at the commencement of litigation, in order to freeze the assets (or some of the assets) of the defendant. The purpose is to ensure that the assets concerned are not removed from the jurisdiction (outside the control […]

General A Specific Performance Order is an order to perform a contract.  As with an Injunction, it is an equitable remedy.  It is the type of remedy originally granted by the Chancery Court.  It is now available in the higher Courts.  However, as with an injunction, an order of specific performance will usually only be […]

Nature of Order An Anton Piller order is a relatively novel type of injunction, which may be granted prior to trial. Its purpose is to preserve evidence. It requires the defendant to permit the claimant, together with a solicitor to attend at the defendant’s premises in order to inspect, and if necessary take copies of […]

General Tracing is an equitable remedy by which a claimant may claim assets which have become mixed with those of another, or have changed their original form.  Tracing is effectively a proprietary claim that the assets held belong to the claimant. Where assets have not become mixed, but have been merely substituted and are held […]

Nature Rectification is an order for the correction of a document. Courts cannot alter the terms of the agreement. However, where an agreement has not been correctly incorporated in a document the document may be corrected. There is a heavy burden on a person who seeks to prove rectification of a written document. There is […]

Meanings of Rescission Rescission has a number of legal meanings.  Where one person has committed a fundamental breach of contract the innocent party has the option to treat the contract as terminated and to claim for damages. Alternatively, he may elect to enforce it (and in some cases also claim for damages.  In this sense […]

General A declaration is an order stating the rights of the parties. It does not compensate or require any person to do anything. It defines in a conclusive way the rights of the parties. A declaration may be granted as part in legal proceedings as a single remedy or as part of a number of […]