chapter  3
Why was the Act not applied to the facts of Parsons v Uttley Ingham (above, p 342)? 4 Should the Act be applicable to a plaintiff who is suing in debt? 5 To what extent should: (a) smoking; (b) drinking; (c) eating too much butter be treated as contributory negligence? 6 What about a plaintiff who is injured while indulging in unlawful behaviour? (Cf p 224.) (j) Damages in equity
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Sir Thomas Bingham MR: On 26 January 1993, Judge Jack QC ([1993] 1 EGLR 197), sitting in the Weymouth County Court, refused the plaintiff, Mrs Jaggard, injunctions to restrain continuing acts of trespass and breaches of covenant and awarded damages in lieu. The plaintiff says the judge should have granted injunctions. This appeal requires the court to consider the principles on which judges should act when deciding whether to grant injunctions or to award damages in lieu…

The law

In considering the legal issues in this case, I should acknowledge at the outset my debt to an illuminating article by Professor Jolowicz, ‘Damages in equitya study of Lord Cairns’ Act’ [1975] CLJ 224.