EQUITABLE REMEDIES

'Anton Pillar' orders and 'Mareva' injunctions - 1991, 108/109, 4
applied by Thomas More - 2001, 147, 79
Aquinas on how human law can be judged in terms of natural law, by examples in the Torah & by custom that circumvents unjust law - 2019, 183, 155
Aquinas thinks law (including natural) should be made & received rationally; equity may need applying to achieve purpose - 2019, 183, 118
canons of equity & charity when dealing with exclaustration of religious and their support after leaving - 2014, 172, 27
competing claims of justice - 1993, 118/119, 83
development of equitable remedies & trusts - 2003, 150, 10
economy in orthodox theology comes before the law whereas equity in catholic canon law comes after the law to amend it - 2014, 172, 27
economy in orthodoxy hard to define; suspends strict application of law to discipline & sacraments to assist individual's salvation; no precedent system - 2014, 172, 27
emergence of equity in Roman law to harmonise moral and legal values - 2014, 172, 27
equitable principles: canon law influence, development of these in English law - 2017, 178, 37
equity in canon law; flexibility to be strict or lenient as required & limits to this - 2014, 172, 27
influence of canon law on - 2000, 144, 4
injunctions, financial cross-undertakings and Sunday trading - 1991, 110/111, 44
non est factum, application of the principle against a third party - 1972, 34, 37
Plowden on interpreting statutes by their sense rather than by the letter; influence of St German in concepts of epikeia & equity - 2018, 180, 38
pre reformation equitable jurisdiction encroached into common law; St German stated divine law also in common law thus usurping the church - 2018, 181, 189
recent developments in equitable jurisdictions -1991, 108/109, 4
sexual abuse many years before by member of an order that would have vicarious liability, Limitation Act makes inequitable to allow case (case) - 2018, 181, 247
unjust enrichment - 1973, 38, 27
use of economy in orthodox church e.g. to determine need for re-baptism or inter-communion for those outside church - 2014, 172, 27
Scotland
equity and law as equivalent in Scotland (as opposed to England) - 2012, 169, 189

Published by:

The Edmund Plowden Trust