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IT Contracts and Dispute Management

A Practitioner’s Guide to the Project Lifecycle

Steven Baker, Lawrence Akka and Rachel Glass

IT Contracts and Dispute Management addresses the law relating to technology projects and the practical, procedural and legal issues which arise at each stage. The authors draw on extensive personal experience of successfully managing IT project disputes from their initial stage through to resolution through a range of dispute resolution mechanisms. Being the only published work in this area relating to English law, the book will be a valuable resource to lawyers acting in connection with procuring an IT project or advising clients on avoidance and resolution of IT project disputes.
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Chapter 16: ENFORCING A CONTINUING RELATIONSHIP

A Practitioner’s Guide to the Project Lifecycle

Steven Baker, Lawrence Akka and Rachel Glass

Extract

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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