Originally posted by des8
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Just read that. Interesting American analysis of how England & Wales law re change of position had developed. (Although I'm horrified to see that even academic lawyers in the US use the awful phrase "... off of... " !!! Top of page 1028)
I got a law degree in 1979 and it's clear from that article that English and Welsh courts have more recently taken a more strict and more principle based approach to equitable remedies than they did back then.
Looking at the Derby decision, I have even less faith in the OP's chances of success than I did before.
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