Remedies Introduction to the Module. What you need to know? Additional Skills? A range of major remedies The ability to recognise which remedy can be.

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Presentation transcript:

Remedies Introduction to the Module

What you need to know? Additional Skills? A range of major remedies The ability to recognise which remedy can be sought in any situation The likelihood of success of a particular remedy How to choose between different remedies; and An understanding of how to calculate damages

What is ‘Remedies’ 1.“I have a dispute with my neighbour and I would like you to issue proceedings in trespass to property and public nuisance” OR 2.“I want you to stop my neighbour from moving his hedge onto my land”

Is Remedies not about Substantive Law? Substantive legal rules affect the availability of remedies When existing remedies develop, this is part of a process of legal development e.g. equitable remedy for breach of confidence Largely looking at the end product of the legal process - i.e. what can a litigant achieve by legal action as opposed to does s/he have a good case N.B. remedies may also be interlocutory

The Syllabus Pervasive Issues Distinction between legal and equitable remedies Procedural matters Damages Interlocutory remedies Public and private law remedies

The Syllabus Specific Remedies Remedies in Contract Domestic Human Rights Remedies European Human Rights Remedies Remedies in Public Law Remedies in European Law Remedies in Tort

Common Law and Equity Common law becoming overly technical - failing to consider the justice of the case Only remedy available was damages - it could not compel or restrain conduct Court of Chancery developed injunctions forbidding action on threat of imprisonment Earl of Oxford’s case 1615 = Equity Prevails S.49 Supreme Court Act 1981 Every court exercising jurisdiction … in any civil cause or matter shall continue to administer law and equity on the basis that, wherever there is any conflict or variance between the rules of equity and the rules of the common law … the rules of equity shall prevail.”

Summary and Course Structure Reading Undertake additional reading and research Feedback Pay close attention to feedback from subject tutors Assessment Coursework – 3,500 words MCQ Assessment (Bar route only)

Enjoy the course!