000 01662cab a2200229 4500
001 ABS67985
008 040716n2004 000 0 eng u
035 _a(Sirsi) u126814
245 _aBath and North East Somerset District Council v Mowlem plc
260 _c2004
490 _aBuilding Law Reports
_v[2004] BLR 153-162(10)
520 _a[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.
590 _aABS
650 _aLIQUIDATED DAMAGES
650 _aASCERTAINED DAMAGES
650 _aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS-STANDARD FORMS OF BUILDING CONTRACT-JOINT CONTRACTS TRIBNUAL CONTRACTS
650 _aINTERLOCUTORY INJUNCTIONS
650 _aBATH AND NORTH EAST SOMERSET DC V MOWLEM PLC
690 _aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
856 _uhttps://www.nadr.co.uk/articles/published/ConstructionLR/Bath%20v%20Mowlem%202004.pdf
_zView judgment at www.nadr.co.uk....
942 _n0
999 _c74467
_d74467