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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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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