acquiescence

Acquiescence is a defence to a claim in English litigation to indicate that the claimant has by its own inaction tacitly consented to some infringement or breach of its legal rights by the defendant. Claimants are not entitled to stand aside in the knowledge or conduct itself in such a way so as to allow its legal rights to be breached, in circumstances where the defendant is induced to breach the relevant rights where it otherwise would not have. The claimant is required to know that the acts are being done and that its legal rights are being infringed by the conduct of the defendant. Without knowing that (1) relevant acts are taking place and (2) the defendant is acting contrary to the legal rights of the claimant, the claimant cannot be said to be acquiescing to the conduct.

Last minute applications for interim relief are susceptible to a defence of acquiescence, especially where the claimant has had notice of the claim for an extended period of time, and the delay cannot be adequately explained.

Delay and Inaction

The defence of acquiescence is available where it would be unconscionable or dishonest for the claimant to obtain the relief sought and particular where there has been delay in bringing court action.  Delay however is not conclusive of acquiescent conduct, because as a matter of public policy Courts do not force litigants to sue until they have an opportunity to ascertain whether they have a genuine complaint and a likelihood of success if the claim is pursued.

Example of Acquiescence

For instance, where an owner of intellectual property rights knows that particular copyright works are being dealt with in a particular way, but is not aware that the legal rights are being infringed (say in breach of a licence), the intellectual property rights owner could not be said to be acquiescing to the conduct of the defendant.