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
