Bath and NE Somerset District Council v Mowlem plc
[2004]
BLR 153, 100 Con LR 1 CA, and [2004] EWCA Civ 115
Nature of case
Already reported in CILL, this is the CA’s decision on the
Heritage Spa Buildings Project in Bath. It was decided that
contractual provision for liquidated and ascertained damages would
not prevent the council from obtaining an injunction to restrain
the contractor’s refusal of access to the site to replacement
contractors.
Link to Judgment
Counsel:
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