header-logo header-logo

29 May 2015 / Andrew Francis
Issue: 7654 / Categories: Features , Property
printer mail-detail

Lessons to be learnt

nlj_7654_francis

How has Lawrence v Fen Tigers Ltd been treated at first instance, asks Andrew Francis

A key question arising from the judgment of the Supreme Court in Lawrence v Fen Tigers Ltd [2014] 1 AC 822, [2014] 2 All ER 622 was how trial judges would decide whether the proper remedy for breach of property rights was an injunction, or damages in lieu.

Fen Tigers stated two key principles. First, where there is a breach of property rights the prima facie position is that an injunction should be granted. Second, as to the choice between an injunction and damages, the outcome should depend on all relevant facts, circumstances and arguments. Overlying both principles is the point made by the Supreme Court in Fen Tigers that there should no longer be slavish adherence to the “good working rule” in Shelfer v City of London Electric Lighting Co Ltd [1895] 1 Ch 287, [1891-4] All ER Rep 838. While there were differences between the justices of the Supreme Court as to what might be relevant

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
back-to-top-scroll