Injunctions in Private Law: (Elgar Litigation Series)

Injunctions in Private Law presents the key principles, rules and case law relating to the granting of injunctions as remedies in private law. This authoritative work addresses a range of legal infringements namely nuisance, trespass, invasion of privacy, breach of contract and the infringement of intellectual property rights. Key Features: Clear and coherent analysis of the key legal principles applying to the law on injunctions in private law, which demonstrates how those principles can be applied to new issues as they arise Exposition of the current legal tests for the granting of injunctions and how they can operate most effectively Analysis of the claimant’s need for an immediate remedy and how this can be reconciled with the due process rights of the defendant Discussion of prevalent debates in contemporary injunctions law, such as the optimum test for granting interim injunctions and whether damages or injunctions are a more appropriate remedy for the infringement of private rights Injunctions in Private Law is indispensable for legal professionals practising in the area of private law, especially those involved in preparing and presenting cases in the senior courts. Scholars and students of equity and trusts, contracts and private law remedies will also benefit from the fundamental principles discussed in this essential resource.

Table of Contents:
Contents Foreword Preface 1 Introduction to injunctions in private law 2 Interim injunctions: general principles 3 Interim injunctions in specific areas 4 Final injunctions: general principles 5 Final injunctions in specific areas 6 Injunctions to restrain a breach of contract 7 Conclusion to Injunctions in Private Law

About the Author :
David Capper, Reader in Law, School of Law, Queen’s University Belfast, UK

Review :
‘This exceptionally informative new text analyses with admirable depth and learning the available suite of injunctive remedies falling within the specialist remit of its subject matter. The book is written in a manner that is at once accessible and reflective of the author’s immersion in this field of law over a lengthy and esteemed academic career.’ ‘David Capper has drawn from his considerable breadth of knowledge on injunctions and damages in lieu of injunctions to write a book that is both comprehensive and accessible. His text is an important contribution to our understanding, and fills a gap in contemporary scholarship written for judges, lawyers and academics needing to know the current state of the law on injunctions in private law.’