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A game of chance

By: Contributor(s): Language: English Series: Estates Gazette ; (0629) 22 July 2006, 124-126(3)Publication details: 2006Subject(s): Summary: The first of two articles on injunctions (see also L134383). Discusses the discretionary nature of injunctions and how this gives rise to a range of value judgments, including that of the parties' behaviour. Looks at the underlying basis for the grant of an injunction - to restrain unlawful conduct or to take positive action? - with reference to "Lunn Poly Ltd v Liverpool and Lancashire Properties Ltd" ([2006] EWCA Civ 430, L133984) and "Jaggard v Sawyer" (CA, Abs52507). Considers whether decisions are being based increasingly on the real merits of the case rather than the application of long-established principle, referring to "Crestfort Ltd v Tesco Stores Ltd" ([2005] EWHC 805 (Ch), L130171).
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article L134313 (Browse shelf(Opens below)) 1 Available 134313-1001

The first of two articles on injunctions (see also L134383). Discusses the discretionary nature of injunctions and how this gives rise to a range of value judgments, including that of the parties' behaviour. Looks at the underlying basis for the grant of an injunction - to restrain unlawful conduct or to take positive action? - with reference to "Lunn Poly Ltd v Liverpool and Lancashire Properties Ltd" ([2006] EWCA Civ 430, L133984) and "Jaggard v Sawyer" (CA, Abs52507). Considers whether decisions are being based increasingly on the real merits of the case rather than the application of long-established principle, referring to "Crestfort Ltd v Tesco Stores Ltd" ([2005] EWHC 805 (Ch), L130171).