Chapter 1 Interactive key cases
Concerned a dispute over a lease and the question of which court prevailed in a conflict.
Equity prevails over the common law in the event of a conflict.
Claimant sought common law damages in respect of a breach of confidence (which is only protected in equity).
Common law damages awarded as the equitable remedy of account would not be adequate. This case demonstrates the closer relationship of equity and the common law today.
The appellant argued that the respondent’s involvement in an insider dealing plot prevented him from recovering money paid to the appellant to exploit this information through betting on changes to the price of Royal Bank of Scotland shares.
The maxim that one must come to equity with clean hands is not to be applied simplistically. The court will use its discretion to consider whether it is proportionate or required by relevant public policy that a claim based on illegal actions should be denied.
Concerned whether the claimant could enforce a legal remedy in respect of an equitable lease.