Question
Can you assist with this question? I have already started an outline, am I on the right track? Sam and Sally are owed BDS 10,000.00
Can you assist with this question?
I have already started an outline, am I on the right track?
Sam and Sally are owed BDS 10,000.00 by Lizzie, a tenant who is in arrears by six months. They intend to bring proceedings against Lizzie for payment of the monies owed but have learned that very shortly she intends to sell her one of a kind Cacique head-dress worn by the fabled high priestess Shi, and her Black Panther memorabilia because of the renewed popularity of the movie. Sam and Sally believe that these items are Lizzie's main assets and it if is sold, then even if Sam and Sally win the case, Lizzie is unlikely to have no assets to satisfy the judgement. Advise Sam and Sally of any equitable remedies which may be able to obtain.
My Outline:
Introduction:
Sam and Sally are seeking an order of Specific performance to recover rent arrears of 6 months. Specific performance is a remedy provided by the courts in instances where the CL remedy of damages for a failure to fulfil an obligation is inadequate. The remedy is discretionary and "Equity will only grant specific performance if, under all the circumstances, it is just and equitable to do so" (Stickney v Keeble (1915)).
It is possible in the circumstances for Lizzie to satisfy the judgement if Sam and Sally seek an interlocutory injunction.
Define interlocutory injunctions
While the Court considers the order of SP, Sam and Sally would want to ensure that there are assets for judgements. Case supporting and why?
What type of interlocutory injunction is needed?
A Mandatory interlocutory injunction can be granted. Specifically, a Mareva injunction can be granted as this would prevent Lizzie from selling her assets so that they would be available should Sam and Sally get a judgement in their favor. Give why and a supporting case.
Expand on the principles and guidelines of Mareva and how they apply to the case
American Cyanamid + Mareva rules
Personalty, consider the rule relating to unique personalty and case and apply to fact
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