Equity Isn't Just The Exercise Of Judicial Discretion

Lawyers and, occasionally, judges may think that the equitable jurisdiction of the courts is simply an exercise of judicial discretion to avoid a result that seems unfair to somebody. The Privy Council usefully reminds us in Cukurova Finance Int'l Ltd v Alfa Telecom Turkey Ltd, [2013] UKPC 20, that in 'no way' should it be suggested 'that equity recognises any general or open-ended discretion'; equity proceeds instead on the basis of principle and well-settled (if sometimes not always...

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