A game of chance
Bhaloo, Zia
A game of chance - 2006 - Estates Gazette (0629) 22 July 2006, 124-126(3) .
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).
CRESKA LTD V HAMMERSMITH AND FULHAM LBC
SHELFER V CITY OF LONDON ELECTRIC LIGHTING CO
LUNN POLY LTD AND ANOTHER V LIVERPOOL AND LANCASHIRE PROPERTIES LTD AND ANOTHER
JAGGARD V SAWYER AND ANOTHER
CRESTFORT LIMITED AND OTHERS V TESCO STORES LIMITED AND ANOTHER
GAFFORD V GRAHAM AND ANOTHER
MORTIMER AND ANOTHER V BAILEY AND ANOTHER
England and Wales--1543-
A game of chance - 2006 - Estates Gazette (0629) 22 July 2006, 124-126(3) .
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).
CRESKA LTD V HAMMERSMITH AND FULHAM LBC
SHELFER V CITY OF LONDON ELECTRIC LIGHTING CO
LUNN POLY LTD AND ANOTHER V LIVERPOOL AND LANCASHIRE PROPERTIES LTD AND ANOTHER
JAGGARD V SAWYER AND ANOTHER
CRESTFORT LIMITED AND OTHERS V TESCO STORES LIMITED AND ANOTHER
GAFFORD V GRAHAM AND ANOTHER
MORTIMER AND ANOTHER V BAILEY AND ANOTHER
England and Wales--1543-