Are equitable remedies discretionary?

Liau, Tim ORCID: 0000-0003-1243-970X and Georgiou, Alexander (2025) Are equitable remedies discretionary? Journal of Equity. ISSN 1833-2137 (In Press)

Text (T Liau and A Georgiou 'Are Equitable remedies discretionary_' JEq - final clean_) - Accepted Version Pending embargo until 1 January 2100. Download (547kB)

Abstract

Equitable remedies are often said to be “discretionary” by nature. This feature is said to distinguish them from common law remedies, such as orders to pay damages and orders to pay agreed sums, available ‘as of right’. This paper explores what exactly is meant by “discretion” in this context. It argues that simply describing equitable remedies as “discretionary” may be misleading, for it conceals importantly distinct senses in which equitable remedies can engage discretion-like considerations. The sense in which equitable remedies are ‘discretionary’ should not be overstated, and we should be slow to generalise about the distinctiveness of equitable remedies simply on the basis that they are ‘discretionary’.

Item Type:	Article
Additional Information:	© 2025 Lexis Nexis
Divisions:	Law
Subjects:	K Law
Date Deposited:	10 Mar 2025 17:24
Last Modified:	10 Mar 2025 17:27
URI:	http://eprints.lse.ac.uk/id/eprint/127533

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