Equity and Trust: Advising on Interim Injunction for Leaked Wedding Photos

EQUITY AND TRUST 1
EQUITY AND TRUST
By (Student’s Name)
Professor’s Name
College
Course
Date

EQUITY AND TRUST 2
Equity and Trust
Issues in the case
Eva and Herman are wedding couples, who are promoting clean and monogamous leaving.
Goodbye magazine has won the exclusive contracts to take photographs in the wedding reception
of the two couples. However, a twist takes place when unauthorized photographer from another
magazine house leaks pictures to their main office in London. The pictures are published by the
Oh wow magazine. The couples require advise on whether they can apply for interim
interlocutory injunction from the courts preventing the Oh wow magazine from further
publishing of the pictures and holding them responsible for any further economic problems
caused by the leaked picture. This is so that they pay for the same.
Advise of the case
Positives of the case
The senior courts ACT 1981 states that the high court and any courts above it, is awarded
the authority and freewill to order or give an injunction in all court cases that the court sees it just
and convenient to do so1. With such support of the ACT, it is easier for the couples to appeal
against the actions of the Oh wow magazine in claiming that they have broken equity and trust
rules2. The couples are therefore free to apply for interim injunction preventing further
1 Cremers, K., Gaessler, F., Harhoff, D., Helmers, C. and Lefouili, Y., 2016. Invalid but
infringed? An analysis of the bifurcated patent litigation system. Journal of Economic Behavior
& Organization, 131, pp.218-242.
2 Chen, S.Y., Wu, W.C., Chang, C.S., Lin, C.T., Kung, J.Y., Weng, H.C., Lin, Y.T. and
Lee, S.I., 2015. Organizational justice, trust, and identification and their effects on organizational
commitment in hospital nursing staff. BMC health services research, 15(1), p.363.

EQUITY AND TRUST 3
publication of the wedding photographs. The Goodbye magazine can also appeal on the basis
that Oh wow magazine breaks the trust of exclusive contract that was awarded to them. The
underlying rule however based on this ACT, is that the jurisdiction of the final decision remains
for the court to decide3.
Following this ACT, the best way to advise the couples is considering court decision on
such past cases. Considering past cases will help on getting the best advice since, there are no
definite rules of Equity and Trust that can be used to decide this case4.
American Cyanamid Company vs Ethicon limited
The issue in the case was based on the primary extent on the claim for granting interim
injunction. House of lords using the same case set out details and guidelines regarding how the
courts are to deal with the grant of interim injunctions in general5.
The following rules were then set out that can be compared with the case at hand to help in
making decision if the couples will be granted an interim injunction.
Firstly, the court held that there should be conflicting evidence in respect of the interim
application. The matter should be even evidence for trial. In the American Cyanide case, the
considered evidence was the rule of practice by the two companies. They considered that the rule
3 Bundock, M., 2018. Shipping law handbook. Informa Law from Routledge, p 211-213
4 Herinckx, Y., 2014. Liability for Inappropriate Interim Measures in Commercial
Arbitration. Pp 103-107
5 Shelton IV, F.E., Harris, J.L., Bakos, G.J. and Baxter III, C.O., Ethicon LLC, 2018.
Surgical fastener. U.S. Patent Application 29/569,218.

EQUITY AND TRUST 4
was so well established that they won’t order any interim injunction6. Further evidence, however
presented in the court of appeal led them to rule in favor of the American Cyanide. With
reference to the Eva and Herman case, there is enough evidence to consider trial and interim
injunction. The Oh wow magazine do not have the rights to publish the photographs. That is the
reason why, Julian the one who took the wedding photograph sneaked in as a cake decorator.
Through this virtue we can evidently conclude that there is evident enough to put the case to
interim injunction. The goodbye magazine has the audacity to seek judgement since they had a
400000 deal with Eva and Herman. The moment the photograph was published the deal affected
the existing trust between the two. Following such consideration, it is right to put the deal
between the two away.
Mosley vs News group newspaper
Secondly, the court should consider if there is enough damage on the contract so that the
claimant can be granted an injunction. The court assures that in case there are visible damages
then the court grants an injunction7. Mosley company was granted injunction vs the News group
newspaper company had destroyed a deal worth billions which the News Group company had to
pay for. In the case of Eva and Herman the deal struck between the goodbye magazine is
therefore at jeopardy since the leak of the photos. The damage is issue enough to ask for remedy
through interim action. The important issue for remedy is also reputation. The two couples are
also film stars that promote monogamous and health living. Through the leak of this photo, they
6 Virgo, G., 2018. The Principles of Equity & Trusts. Oxford university press, p 217
7 Hudson, A., 2016. Understanding equity & trusts. Routledge, p 198