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Vol 21 No 12 Dec 16/Jan 17

Book of the Month

Cover of The UK Supreme Court Yearbook Volume 7: 2016

The UK Supreme Court Yearbook Volume 7: 2016

Edited by: Daniel Clarry, Christopher Sargeant
Price: £90.00

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The Death of the Irreparable Injury Rule

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Douglas LaycockAlice McKean Young Regents Chair in Law, University of Texas, Austin, USA

ISBN13: 9780195063561
ISBN: 0195063562
Published: November 1991
Publisher: Oxford University Press
Format: Hardback
Price: £110.00



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The irreparable injury rule, a fixture of Anglo-American law, has been the subject of much recent scholarly debate. The rule asserts that courts should not prevent a potential wrongdoer from causing harm unless the resulting damage would be 'irreparable' because the victim could not be compensated monetarily for it. Drawing on an analysis of hundreds of randomly selected cases, Douglas Laycock argues that the rule is defunct since it no longer constrains courts' choice of remedy. Focusing on what courts do rather than what they say, Laycock proposes new injury rules based on actual practice and reconceives the law of remedies and the relationship between law and equity, two of the great divisions of Anglo-American civil law.

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