ABSTRACT

Answer plan The two parts of this question are entirely distinct. While both are concerned with remedies, they raise totally different issues, and so need to be tackled virtually as two short questions rather than one long one: Part (a): • The first part of this answer will be purely descriptive. Following a brief introduction

explaining the nature of the remedy, it is simply a question of outlining the bases on which the courts will exercise their discretion to grant an order, such as the adequacy, or otherwise, of damages, and the requirement of mutuality. Some critical analysis of these criteria must then be made. This is probably most easily done by making comments on each of the criteria as it is discussed, and then giving a brief summing up at the end. The quality of the argument, rather than the specific points made, will be most important here.