All posts with the tag: Specific Performance

In Jacobs E&C Limited v Laker Vent Engineering Ltd, the High Court considered the interaction between two applications which had been made to the court in respect of a dispute which was subject to arbitral proceedings: an application for an interim mandatory injunction in support of arbitration under sections 44(2)(e) and 44(3) of the Arbitration … Continue reading Interaction between applications for an interim mandatory injunction and for a stay of proceedings under the Arbitration Act 1996

In Alfa Finance Holding AD v Quarzwerke GmbH, the High Court considered whether to grant specific performance (a type of mandatory injunction) of a clause in an agreement between the parties which gave the claimant a right of access to various documentation. On 31 December 2012, the parties entered into an agreement whereby the defendant … Continue reading Court grants order for specific performance and confirms some general principles in relation to injunctions

In Liberty Mercian Ltd v Cuddy Civil Engineering Ltd, the Technology & Construction Court demonstrated it is prepared to be flexible when ordering specific performance. One of the factors the court takes into account in considering whether to grant specific performance is whether the performance is possible. Here, the relevant performance was found to be … Continue reading Grant of equivalent specific performance by way of payment into court

The recent Court of Appeal decision of Sunrise Brokers LLP v Rodgers is a helpful decision for employers seeking to hold errant employees to their notice periods without having to pay them in circumstances where they are unwilling to work. Rodgers was employed by Sunrise as a UK-based broker on an initial three year fixed-term, … Continue reading Injunction would not have effect of compelling employee to work

In Ashworth v The Royal National Theatre, the High Court rejected an application by a group of professional musicians for an interim injunction in relation to or specific performance of their contract with the National Theatre. The claimants were engaged to play live during the theatre production War Horse. However, the defendant decided that the … Continue reading Specific performance: court rejects application for an interim injunction or specific performance in relation to musicians’ contract