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Bath and North East Somerset District Council v Mowlem plc

Series: Building Law Reports ; [2004] BLR 153-162(10)Publication details: 2004Subject(s): Online resources: Summary: [2004] EWCA Civ 722, 20 February 2004. Bath (B) had contracted Mowlem (M) to carry out restoration works to its spa buildings. Completion was delayed and paintwork had caused problems. B instructed M to remove the paint, and when M refused, B gave notice to M that it would instruct another firm to do so and charge M. This firm was denied entry to the site by M. B sought an interim injunction aginst M. M argued that the liquidated damages provided what the parties had accepted as an adequate remedy. B asserted they would not be adequately compensated. This was granted. M appealed. "Held": the appeal was dismissed as the granting of an injunction would cause M no disadvantage; the judge's decision to grant the interlocutory injunction was upheld. View judgment at www.nadr.co.uk.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS67985 (Browse shelf(Opens below)) 1 Available 126814-1001

[2004] EWCA Civ 722, 20 February 2004. Bath (B) had contracted Mowlem (M) to carry out restoration works to its spa buildings. Completion was delayed and paintwork had caused problems. B instructed M to remove the paint, and when M refused, B gave notice to M that it would instruct another firm to do so and charge M. This firm was denied entry to the site by M. B sought an interim injunction aginst M. M argued that the liquidated damages provided what the parties had accepted as an adequate remedy. B asserted they would not be adequately compensated. This was granted. M appealed. "Held": the appeal was dismissed as the granting of an injunction would cause M no disadvantage; the judge's decision to grant the interlocutory injunction was upheld. View judgment at www.nadr.co.uk.