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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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