Before the English Judicature reforms, when could the Court of Chancery intervene by injunction in…
The Court of Chancery could restrain a party from pursuing proceedings at common law and could also restrain enforcement of an unconscionably obtained common-law judgment.…
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Before the English Judicature reforms, when could the Court of Chancery intervene by injunction in relation to proceedings at common law?
Answer and explanation
Correct answer C
The Court of Chancery could restrain a party from pursuing proceedings at common law and could also restrain enforcement of an unconscionably obtained common-law judgment. The injunction operated against the party. The Earl of Oxford’s Case (1615) 1 Ch Rep 1 illustrates intervention after judgment.
Option feedback
Option A
Chancery could also restrain a party from enforcing a judgment already obtained.
Option B
Chancery could restrain pending proceedings before judgment.
Option C
The power could operate at either stage where equitable grounds were established.
Option D
Chancery could intervene before judgment or restrain enforcement afterward.
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