Now in its eighth edition, Equity and the Law of Trusts in Ireland provides a comprehensive treatment and analysis of this area of the law. This updated and expanded new edition examines recent developments in relation to both trusts and equitable remedies. Focusing on reviewing and analysing the law in this jurisdiction, extensive reference is also made to the relevant principles as they have developed in England and Wales and, where appropriate, in other common law countries.

Features

• Provides comprehensive examination and analysis of the law of trusts, including areas such as resulting, constructive and charitable trusts.
• Examines principles relating to the grant of equitable remedies such as injunctions, specific performance, rectification and rescission.
• Reviews relevant case law developments in this jurisdiction and also, where appropriate, in other common law jurisdictions, particularly England and Wales.
• Considers the significance of relevant legislation in the field.
• Provides insights in relation to likely future developments in the law in relation to trusts and equitable remedies.

New to this Edition

• New sections on injunctions against persons unknown and newcomer injunctions and on proceedings against directors of corporate trustees.
• Considers the circumstances where specific performance or tracing principles have been adapted for novel categories of property such as crypto-assets.
• New material examining the potential fiduciary categories of expert advisors and the availability of rescission where independent advisors accept secret commissions.
• Examines legislative developments in this area of the law since the publication of the previous edition, such as the provisions of the Charities (Amendment) Act 2024.
• Analyses significant recent judgments delivered by the Supreme Court in relation to injunctions.
• Considers significant recent decisions of the Court of Appeal and Supreme Court in other areas in this jurisdiction.
• Considers important recent decisions of the UK Supreme Court.

A comprehensive overview of both the law and practice in relation to injunctions in Ireland.

The new edition of Injunctions Law and Practice provides a comprehensive overview of both the law and practice in relation to injunctions. It is written and laid out in a way that aids quick consultation by a busy practitioner, as well as guiding anyone who wishes to gain a more in-depth understanding of the law and practice in this area. The third edition analyses all the major judgments delivered by the Superior Courts since the last edition in 2015, and identifies material changes to both the Rules of the Superior Courts and practice in the courts.

Features

• Up-to-date review of key cases in the field of injunctions.
• Detailed guide to the practical aspects of applying for injunctions.
• Topics and themes are broken down, with extensive use of headings and sub-headings to facilitate easy access.
• Summaries and key quotations are set out in the text for ease of reference.
• In-depth consideration of the law and its development.
• Extensive use of footnotes for further reading and analysis.

New to this Edition

• All chapters are reviewed and restructured to ensure ease of access and readability.
• Considers the important Supreme Court judgments dealing with interlocutory injunctions in Merck Sharp & Dohme Corp v Clonmel Healthcare Ltd and C.C. v Minister for Justice and Equality, as well as revisiting Dowling v Minister for Finance.
• Identifies other important decisions looking at specific aspects of the principles applicable to the granting of interlocutory injunctions including the Court of Appeal judgments in Betty Martin Financial Services Ltd v EBS DAC (the wider application of the Merck Sharp & Dohme restatement and its practical considerations), Sheehan v Breccia (discharging an injunction) and the High Court judgment in Nolan v Dildar Ltd (undertakings as to damages).
• Identifies and contextualises the important judgments in specific areas of the law, in particular in employment law, commercial injunctions, planning law, immigration law, receiverships, defamation, and criminal law. Also considers the ongoing evolution of the debate as to the nature of contempt and associated sanctions.
• Considers important, and potentially influential, judgments from the English courts, particularly in relation to claims against persons unknown, publication in the age of the internet and social media and anti-suit injunctions.