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Contents

A Casebook on Equity and Trusts in Ireland

III. Equity Acts in Personam

In Chapter 1: Fundamental Principles

A Casebook on Equity and Trusts in Ireland

Author:
J.C.W. Wylie
Publisher:
Bloomsbury Professional
Edition:
Second edition
Publication Date:
1998
Law As Stated At:
1 May 1998
This maxim refers to one of the fundamental features of equitable jurisdiction, namely that it is concerned with the “conscience” of the parties to the proceedings before it. Its remedies, such as an injunction or an order for specific performance, are directed primarily at the defendant personally and so will be granted even though, for example, the dispute between the parties relates to property outside the jurisdiction of the Irish courts, if the defendant is within the jurisdiction: see Lett v Lett infra. It must, however, be recognised that that equitable remedies are not exclusively in personam and in some respects have acquired in rem characteristics, such as the remedy of tracing: see Ch 20 post . ...
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