Injunctions in Private Law presents the key principles, rules and case law relating to the granting of injunctions as remedies in private law. This authoritative work addresses a range of legal infringements namely nuisance, trespass, invasion of privacy, breach of contract and the infringement of intellectual property rights.
Key Features:
- Clear and coherent analysis of the key legal principles applying to the law on injunctions in private law, which demonstrates how those principles can be applied to new issues as they arise
- Exposition of the current legal tests for the granting of injunctions and how they can operate most effectively
- Analysis of the claimant’s need for an immediate remedy and how this can be reconciled with the due process rights of the defendant
- Discussion of prevalent debates in contemporary injunctions law, such as the optimum test for granting interim injunctions and whether damages or injunctions are a more appropriate remedy for the infringement of private rights
Injunctions in Private Law is indispensable for legal professionals practising in the area of private law, especially those involved in preparing and presenting cases in the senior courts. Scholars and students of equity and trusts, contracts, and private law remedies will also benefit from the fundamental principles discussed in this essential resource.
Injunctions in Private Law presents the key principles, rules and case law relating to the granting of injunctions as remedies in private law. This authoritative work addresses a range of legal infringements namely nuisance, trespass, invasion of privacy, breach of contract and the infringement of intellectual property rights.
Arvustused
This exceptionally informative new text analyses with admirable depth and learning the available suite of injunctive remedies falling within the specialist remit of its subject matter. The book is written in a manner that is at once accessible and reflective of the authors immersion in this field of law over a lengthy and esteemed academic career. -- The Right Honourable Dame Siobhan Keegan, Lady Chief Justice of Northern Ireland David Capper has drawn from his considerable breadth of knowledge on injunctions and damages in lieu of injunctions to write a book that is both comprehensive and accessible. His text is an important contribution to our understanding, and fills a gap in contemporary scholarship written for judges, lawyers and academics needing to know the current state of the law on injunctions in private law. -- Jeff Berryman, University of Windsor, Canada.
Contents ForewordPreface1 Introduction to injunctions in private law2 Interim injunctions: general principles3 Interim injunctions in specific areas4 Final injunctions: general principles5 Final injunctions in specific areas6 Injunctions to restrain a breach of contract7 Conclusion to Injunctions in Private Law
David Capper, Reader in Law, School of Law, Queens University Belfast, UK
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