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Lessons to be learnt

29 May 2015 / Andrew Francis
Issue: 7654 / Categories: Features , Property
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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

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MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
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
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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