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  2. Judicial remedies developed by courts of equity

    Equitable remedies are judicial remedies developed by courts of equity from about the time of Henry VIII to provide more flexible responses to changing social conditions than was possible in precedent -based common law.
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    What are equitable remedies?Equitable remedies are distinguished from "legal" remedies (which are available to a successful claimant as of right) by the discretion of the court to grant them. In common law jurisdictions, there are a variety of equitable remedies, but the principal remedies are: in very specific circumstances, an equitable lien.
    Are remedies legal or equitable?Historically, remedies are categorized as either legal or equitable. This is based on the system of English common law, which was divided into courts of law that could award monetary damages and courts of equity of chancery. This could grant equitable remedies if the court remedy was deemed unfair or insufficient.
    What are equitable reliefs or remedies?Equitable reliefs or remedies are the usual means by which a court will provide relief or a remedy to address a legal or justiciable wrong. These remedies or reliefs are often described as discretionary.
    When will a court award equitable remedies?A court will usually award equitable remedies when a legal remedy is insufficient or inadequate. For example, courts will generally award equitable relief for a claim which involves a particular or unique piece of real estate, or if the plaintiff requests specific performance.
     
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  11. 4. Equitable remedies in modern English law | Law Trove

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