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Commentary

125.2 Equitable remedies

BUSINESSES vol 4(2) start-up, sale and purchase
| Commentary

125.2 Equitable remedies

| Commentary

125.2 Equitable remedies

Where the claimant is complaining that the company or the other shareholders have failed to do something which they have contractually promised to do, the most appropriate remedy would be an order for specific performance of that obligation. Where, as is perhaps more likely, the other shareholders have done, or are proposing to do, something in breach of the shareholders’ agreement, for example, taking a decision without the claimant’s necessary consent, the claimant will presumably be wanting to obtain an injunction1.

In either case, the remedy is an equitable one and therefore awarded at the court’s discretion. This

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