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10 January 2025 / Nicholas Dobson
Issue: 8099 / Categories: Features , Procedure & practice , Human rights
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Don’t even think about it…

202668
Injunctive relief is possible before a wrong has even taken place: Nicholas Dobson explores quia timet relief in light of a recent decision
  • Whether a case is appropriate for quia timet relief must be considered in the light of all relevant circumstances known at the time of hearing or trial. The test is what is fair and just in all the circumstances.
  • A judgment must be made as to the balance to be struck between Arts 8 and 10 in the light of s 12(3) of the Human Rights Act 1988 regarding freedom of expression.

Injunctions are discretionary equitable remedies. Central to equitable principles is whether a course of action is conscionable (consistent with what is reasonably considered to be right and proper). So, a famous equitable maxim is that the person seeking an equitable remedy must come with clean hands. In other words, those seeking equity must themselves be free from taint of fraud or material wrongdoing.

Unconscionability was a factor in a recent case concerning the potential

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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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