Bath and NE Somerset District Council v Mowlem plc

Citation: 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

Tim Elliott QC
Adam Constable QC

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