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Equitable maxims, doctrines, and remedies
Essay Question
“As a general rule, someone who, with the knowledge that he has clearly enforceable rights and the ability to enforce them, stands by whilst a permanent and substantial structure is unlawfully erected, ought not to be granted an injunction to have it pulled down.” (Gafford v Graham [1999] 77 P & CR, Court of Appeal, per Nourse LJ at 73-4).
Critically discuss this statement.