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
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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!