Chapter 16: ENFORCING A CONTINUING RELATIONSHIP
A Practitioner’s Guide to the Project Lifecycle
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When attempts at interim dispute resolution have failed, a party to a contract may wish to seek remedies or relief from a court or arbitrator to ensure that contract services continue, perhaps by preventing contractual termination. Chapter 16 discusses the discretionary remedies of declaration, interim and final injunctions (both prohibitory and mandatory), and specific performance. The relevant principles arising from case-law are examined, including the balance of convenience test set out in American Cyanamid v Ethicon, and the question of whether an injunction will be refused because damages are an adequate remedy. The court’s unwillingness to grant an injunction where an outsourcing contract requires a high degree of daily co-operation between the parties, as discussed in Vertex Data Science v Powergen, is also addressed.

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