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Don’t even think about it…

10 January 2025 / Nicholas Dobson
Issue: 8099 / Categories: Features , Procedure & practice , Human rights
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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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NEWS
AlphaBiolabs has made a £500 donation to Sean’s Place, a men’s mental health charity based in Sefton, as part of its ongoing Giving Back initiative
Human rights lawyers, social justice champion, co-founder of the law firm Bindmans, and NLJ columnist Sir Geoffrey Bindman KC has died at the age of 92 years
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
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