Final Injunctions in Tort Law

Aiden Lerch

ISBN 10: 1509989714 / ISBN 13: 9781509989713

Published by Bloomsbury Publishing PLC, 2025

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Synopsis:

This book is the first considered study of final injunctions in tort law. It devises a novel taxonomy of such injunctions and explores the implications of the law on injunctions for the way in which scholars think about tort law more generally.

The book begins by analysing how the injunction in aid of legal rights came to be developed as a remedy in the Court of Chancery. It then provides definitive guidance as to the range of final injunctions that may be available to restrain or remedy torts. A clear, structured framework to guide legal reasoning in injunction cases is constructed. The book concludes by making several claims about tort law in the light of the availability of injunctive relief.

In addition to the taxonomy that is developed, the overarching message of the book is that injunctive relief is a central component of the law of tort. The way in which tort law is expounded in textbooks and monographs, and taught in universities, needs revising. Specifically, we must not overemphasise the award of damages and neglect to highlight the importance of the injunction. The true position is that injunctive relief is as crucial as damages are to enforcing the rights that are generated by tort law.

About the Author: Aiden Lerch is a solicitor at Arnold Bloch Leibler in Sydney. He previously held the positions of Associate to the Honourable Justice Jacqueline Gleeson at the High Court of Australia, and Lecturer in Law at Worcester College and Christ Church, Oxford. Aiden holds an LLB (Hons I, University Medal) from the University of Wollongong. He completed his postgraduate studies at the University of Oxford as a Clarendon Scholar and William Asbrey Scholar at St Edmund Hall, reading for the Bachelor of Civil Law (Distinction) and DPhil. Aiden was awarded the Subedi Prize for submitting the best doctoral thesis in law at the University of Oxford.

Bibliographic Details

Title: Final Injunctions in Tort Law
Publisher: Bloomsbury Publishing PLC
Publication Date: 2025
Binding: Hardback
Condition: New