# Equitable remedies: injunctions, specific performance, and related relief

> **Key takeaway:** Discretionary; damages inadequate. SP: land classic; not continuous supervision (Argyll). Interim injunctions: Cyanamid + cross-undertaking. Bars: delay, unclean hands. Damages in lieu: SCA 1981 s.50. Account/CT for equitable wrongs.

- **Jurisdiction:** England & Wales
- **Practice area:** Trusts And Chancery
- **Last reviewed:** 2026-08-04
- **Interactive page:** https://kttclegal.info/library/notes/TrustsAndChancery/equitable-remedies-overview
- **Keywords:** equitable remedies, injunction, specific performance, American Cyanamid, account of profits, rescission, section 50, discretionary relief

## What is this about?

Equitable remedies are discretionary and historically available where common-law damages are inadequate. The core toolkit includes injunctions (prohibitory, mandatory, interim), specific performance, rescission, rectification, account of profits, and equitable damages in lieu (Senior Courts Act 1981 s.50). Clean hands, delay, and hardship shape the court's discretion.

## What is the core rule?

Specific performance compels performance of a contractual obligation where damages are inadequate (classically contracts for unique land; rarely personal service). Final injunctions restrain or mandate acts to protect rights; interim injunctions are governed by American Cyanamid principles (serious issue to be tried, balance of convenience) subject to specialist regimes (e.g. free speech, freezing orders). Equitable relief may be refused for delay (laches), unclean hands, or where supervision would be impossible. Account of profits and constructive trust remedies respond to equitable wrongs and fiduciary breaches.

## What are the elements or test?

1. Identify the right (contract, property, confidence, fiduciary) and why damages are inadequate
2. Choose the remedy: SP, injunction (interim/final), rescission, rectification, account, declaration
3. For interim injunctions: American Cyanamid (or applicable specialised test); cross-undertaking in damages
4. Discretionary bars: delay, unclean hands, hardship, impossibility of supervision, third-party impact
5. Consider damages in lieu under SCA 1981 s.50

## Which authorities matter?

- **American Cyanamid Co v Ethicon Ltd [1975] AC 396** — Leading framework for interim injunctions: serious issue to be tried and balance of convenience (not a mini-trial of the merits).
- **Senior Courts Act 1981, s.50** — Statutory power to award damages in addition to or in substitution for injunction or specific performance.
- **Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd [1998] AC 1** — House of Lords reluctance to order specific performance of continuous obligations requiring constant supervision (keep-open covenants).
- **Johnson v Agnew [1980] AC 367** — Relationship between specific performance, damages, and termination/election in contract remedies.

## How does this apply in practice?

Freezing injunctions (Mareva), search orders, and privacy/confidentiality injunctions have specialised rules beyond Cyanamid. Public law injunctions and planning injunctions sit in different procedural contexts. Always address the cross-undertaking when seeking interim relief.

## What are common pitfalls?

- Treating equitable remedies as available as of right
- Applying Cyanamid to free-speech interim restraints without the higher merits thresholds where required
- Seeking SP of personal service or complex ongoing business operations without Argyll in mind
- Ignoring laches and affirmation when seeking rescission

## When would a practitioner use this?

Urgent applications, land contract enforcement, restrictive covenant/injunction strategy, and fiduciary gain recovery.

## Quick reference

Discretionary; damages inadequate. SP: land classic; not continuous supervision (Argyll). Interim injunctions: Cyanamid + cross-undertaking. Bars: delay, unclean hands. Damages in lieu: SCA 1981 s.50. Account/CT for equitable wrongs.

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*Reference material from [KTTC Legal](https://kttclegal.info/), not legal advice. Work product supports instructing solicitors and barristers under their supervision. England & Wales.*