LAWGENRL 427 - Equitable Remedies

Credit points: 15 points
Offered: Second Semester
Contact hours: Lectures – 3 hours per week
Course Coordinator: Professor Peter Devonshire
Prerequisites: LAW 306

Course description

This course analyses some of the more important remedies and
orders granted in the court’s equitable jurisdiction.

Most of the topics are relevant to civil proceedings generally and commercial litigation specifically. Particular attention is directed to remedies in aid of judgment and interlocutory orders which maintain the court’s authority over the parties or their property.

Content outline

Equity has devised various orders to facilitate judgments. An account of profits will be studied, followed by a discussion of money judgments in equity (equitable compensation and damages) and a review of specific performance.

Attention then turns to emergency relief. Some interlocutory orders play a pivotal role in maintaining the status quo and preventing wrongdoing pending trial. The principles for granting interlocutory injunctions and the implications of such orders will be assessed. Mareva injunctions (freezing orders) and Anton Piller (search) orders will then be examined.

Assessment

1500 word assignment (20%)

2 hour open-book exam (80%)

Open book means that you may, if you wish, bring into the exam and refer to any materials such as casebooks, textbooks and study notes.