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Equitable Remedies (Specific Performance (Bars to specific performance…

- - - - Service must be sufficiently defined (Posner v Scott-Lewis)
  - - - Court cannot judge whether D has evaded performance
        
        Equity will not act in vain (Giles v Morris)
- - - - Good arguable case for a risk of dissipation (Customs and Excise Commissioners v Anchor Food Ltd)
    - - If not unduly oppressive (Re BCCI)
      - C must show insufficient assets in jurisdiction (Derby & Co Ltd v Wheldon)
- - - - High degree of assurance that at trial it will appear the injunction was rightly granted (Shepherd Homes Ltd v Sandham)
    - - Discretionary based on facts of case
  - - - American Cyanamid Co v Ethicon Ltd
        
        The court must be satisfied that the claimant’s case is not frivolous or vexatious and that there is a serious question to be tried.
        
        Consider whether the balance of convenience lies in favour of granting or refusing the interim injunction
        
        Adequacy of damages
        
        Other factors
        
        Loss of employment (Fellows and Son v Fisher)
        
        Damage to goodwill of a business (Associated Newspapers plc v Insert Media Ltd)
        
        Closing down of a business (Potters-Ballotini Ltd v Weston-Baker)
        
        Preserving a substantial investment (Catnic Components Ltd v Stressline Ltd)
        
        Where balance does not favour either party deciding factor is preservation of status quo ante (Shepherd Homes v Sandham)
        
        Equitable defences
        
        Delay
        
        Clean hands
        
        Hardship
    - - Discretionary based on facts of case
- - - - aggravated damages awarded for seizing items that are not covered by the order (Columbia Pictures Inc v Robinson)