Remedies (Bar Manuals)

Description

Cover FOREWORD GUIDE TO USING THIS BOOK OUTLINE CONTENTS DETAILED CONTENTS TABLE OF CASES TABLE OF Legislation TABLE OF RULES AND REGULATIONS 1 Introduction 1.1 Role and context of remedies 1.2 Classifying remedies 1.3 Further sources of information 2 Who to sue? 2.1 Introduction 2.2 Legal personality 2.3 Business associations 3 Liability for breach of contract 3.1 Introduction 3.2 Preliminary issues 4 Liability in tort 4.1 Introduction 4.2 Negligence 4.3 Other important or current topics under the general heading of negligence 4.4 Occupiers’ liability 4.5 Breach of statutory duty 5 Damages in contract 5.1 The legal remedy: damages 5.2 When can loss of profit be claimed? 5.3 Can incidental losses be included in the assessment of damages? 5.4 When can damages be obtained for loss of reputation? 5.5 When can damages be obtained for distress and disappointment? 5.6 Exemplary or punitive damages 5.7 When are damages assessed? 5.8 Taxation of damages 5.9 Limitations on compensatory damages 5.10 Other remedies 6 Damages in tort 6.1 Liability 6.2 Quantum of damages 6.3 Reduction of damages 6.4 Exemplary damages 6.5 Aggravated damages 7 Liability and damages for misrepresentation 7.1 General 7.2 What makes a misrepresentation actionable? 7.3 The causes of action available 7.4 Damages 7.5 Rescission 7.6 Contributory negligence 7.7 Exclusion of liability for misrepresentation 8 Equitable remedies in contract 8.1 Introduction 8.2 Specific performance 8.3 Rescission 8.4 Rectification 8.5 Account of profits 9 Injunctions 9.1 Introduction 9.2 Prohibitory and mandatory injunctions 9.3 Final and interim injunctions 9.4 Injunction for breach of contract 9.5 The grant of an injunction 9.6 Back-door specific performance 9.7 Injunctions in tort 9.8 Interim injunctions 10 Bailment and interference 10.1 Definition 10.2 When does bailment arise? 10.3 Classification 10.4 Torts (Interference with Goods) Act 1977 10.5 Exercises 11 Quantum of damages for personal injury 11.1 The barrister’s involvement 11.2 The law 11.3 Basic principles 11.4 Two broad heads of damages 11.5 Provisional damages 11.6 Quantification of damages—introduction 11.7 Stage 1: quantify special damages 11.8 Stage 2: quantify general damages 11.9 Heads 1 and 2: pain and suffering and loss of amenity 11.10 Head 3: future loss of earnings 11.11 Head 4: loss of earning capacity 11.12 Head 5: loss of pension rights 11.13 Head 6: future expenses 11.14 Stage 3: make any necessary deductions 11.15 Stage 4: contributory negligence 11.16 Stage 5: add interest 11.17 Recovery of benefits 11.18 Other ways of quantifying damages 11.19 Structured settlements 12 Quantum of damages for a fatal accident 12.1 Rights of claim 12.2 Quantification of damages under LR(MP)A 1934 12.3 Quantification of damages under FAA 1976 12.4 Stage 1: calculate the pre-trial loss 12.5 Stage 2: assess the future loss 12.6 Stage 3: add lump sums 12.7 Stage 4: add bereavement 12.8 Stage 5: contributory negligence 12.9 Stage 6: add interest 12.10 Stage 7: apportion between dependants 12.11 Deductions 12.12 No recovery of benefits 13 Other equitable remedies 13.1 Personal and proprietary claims 13.2 Tracing 13.3 Constructive trusts 13.4 Subrogation 13.5 Quasi-contract 13.6 Benefits conferred in an emergency 13.7 Rights to contribution and recoupment 13.8 Benefits conferred through mistake, duress, or undue influence 13.9 Benefits conferred as a result of fraud or criminal conduct 13.10 Fraudulent preferences and avoidance of voluntary transfers 14 Judicial review 14.1 Scope of judicial review 14.2 Public law cases only 14.3 Availability of alternative remedies 14.4 Sufficient interest 14.5 The need to act promptly 14.6 Procedure for seeking judicial review 14.7 Grounds for seeking judicial review 14.8 Remedies 14.9 Interim remedy 14.10 Further reading 15 Real property law remedies 15.1 Possession orders 15.2 Additional remedies 15.3 Mortgagee’s remedies 15.4 Order for sale under the Trusts of Land and Appointment of Trustees Act 1996 15.5 Easement 15.6 Registered land 15.7 Exercise 16 Remedies in the law of trusts 16.1 Introduction 16.2 Identifying precisely what issues require to be resolved 16.3 Doubts about the validity of the trust 16.4 Doubts about powers 16.5 Possible breach of trust 16.6 The range of remedies 16.7 Exercise 17 Remedies for unlawful discrimination 17.1 Introduction 17.2 Legal framework 17.3 Basic concepts explained 17.4 Disability discrimination 17.5 Discrimination in employment 17.6 Discrimination in other fields 17.7 Compensation in cases of individual discrimination 17.8 Equal pay 17.9 Enforcing the law 17.10 Exercises 18 European Union law remedies 18.1 Introduction 18.2 Preliminary rulings 18.3 Claims for annulment using Article 263 18.4 Claim under Article 265 for a failure to act 18.5 Non-contractual liability of the EU under Article 340(2) 18.6 Plea of illegality under Article 277 18.7 Enforcement claims against Member States under Article 258 19 European Convention on Human Rights and Fundamental Freedoms 19.1 Introduction 19.2 The Human Rights Act 1998 19.3 Rights and freedoms under the Convention 19.4 Reports and further reading 20 Class problems in contract 20.1 Martin Pender 20.2 Mr and Mrs Roberts 20.3 Newtown Theatre Company 20.4 Gordon Priestly 20.5 Polly Partridge 20.6 Dreamy Travel Ltd 20.7 Peter Boggis 20.8 Roger Lucas 20.9 James Davies 20.10 John Simms 20.11 Richard Reshirn 20.12 Albert Corey, deceased 20.13 David Morgan, deceased 20.14 Susanna and Emma Williams, deceased Index