Equity and Trusts
Please make sure you know how to reference properly.
CHOOSE ONE OF THE FOLLOWING QUESTIONS…
CHOICE 1 ‘…[W]here interlocutory injunctions are sought to restrain publication before trial in cases involving a breach of confidence, privacy or libel, the court must look at the strength of the case and not apply American Cyanamid.’ Jamie Glister and James Lee, Hanbury and Martin: Modern Equity (20thedn, Sweet & Maxwell 2015) 776.
Using relevant legal authority and commentary, critically discuss the considerations of the court, when exercising their equitable discretion to grant interlocutory/ interim injunctions, and how (if at all) these considerations are affected by the Human Rights Act 1998.
In 2013 Rev Ltd set up as a small car manufacturing company. Over the last few years, car sales have increased steadily though they still only have about 1% of the car sales market in the UK. Their main selling point is that they are eco-friendly and cost-efficient. Rev Ltd has just invented a new emissions control system. Recent test results show that this new system will cut the emission of carbon monoxide gas to zero. This will allow them to break into the European car market. Rev Ltd has applied for a patent on their new system. Rev Ltd has recently learned that Renton, the largest car manufacturer in Europe, is about to launch their own new emissions control system, which appears to have exactly the same technology as that of Rev Ltd. Rev Ltd fear that this is a copy of their system and is a breach of their patent.
Mr Smith, the managing director of Rev Ltd is also worried about another matter. He has been contacted recently by Mr Jones, the editor of Bottom Gear which is the UK’s top-selling car magazine. Mr Jones said that he has been given confidential Rev Ltd documents which prove that the results of Rev Ltd tests on its new emissions control system were fixed and not honestly obtained. Mr Smith has denied these accusations but is concerned as Mr Jones has said that he will publish the story in the next issue of Bottom Gear, which is due to go to press in one week.
Advise Mr Smithon any equitable remedies that may be available to Rev Ltd.
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