• Thursday, November 30, 2023
Rescission at Common Law & in Equity - Simon Goldberg K.C.

At Chambers' Newcastle 2023 Business and Property Conference, Head of Trinity's B&P team Simon Goldberg K.C. delivered a session entitled: 
‘Rescission at Common Law & in Equity’

The Judicature Acts of 1873 and 1875 fused the regimes of common law and equity under one Court of unified jurisdiction. There are few legal terms that are used in as many different contexts as rescission. It is also one of the few areas of law where the distinction between the old common law and equitable jurisdictions remains of practical relevance. The distinction between rescission on common law and equitable grounds is not one which has been consistently maintained in the authorities, sometimes leading to confusion.

In his talk, Simon Goldberg K.C. highlights that the regimes applicable to common law and equitable rescission are significantly different and can be a trap for the unwary.

The talk covers the following topics:

  • Termination of a voidable contract by a party
  • Termination for breach
  • Rescission by the Court
  • Self-help v Court ordered rescission
  • Grounds for rescission
  • Differences between rescission on common law grounds and on equitable grounds
  • How is self-help rescission invoked?
  • Affirmation

There is a handout that accompanies the session. If you do not have a copy and would like one, please email stevew@trinitychambers.co.uk.

This recorded seminar and its accompanying notes are made available for educational and information purposes only. The views expressed in it are those of the speaker. The contents do not constitute legal advice and should not be relied on as such. The speaker and Trinity Chambers accept no responsibility for the continuing accuracy of the contents. Contact Trinity Chambers if you have a specific legal query.