The following Dispute Resolution practice note Produced in partnership with Zainab Hodgson of CMS provides comprehensive and up to date legal information covering:
While the primary remedy for contractual breach is that of damages (see Practice Note: Contractual damages—general principles and related content), there are occasions in contractual disputes (particularly those where the contract has not, or perhaps not as yet, been breached) where damages may not be available or the most appropriate remedy. In such instances there are a number of equitable remedies which the court has a discretion to order. These include:
specific performance of outstanding obligations under the contract
declaratory relief, for example, as to the meaning of a particular provision in a contract
injunctive relief (whether interim or final) either compelling a party in breach/about to breach the contract to do or abstain from doing something
rectification of a contract or deed
rescission of a contract or deed
Where damages for breach of contract are sought they are usually sought and, where awarded, awarded on the basis of the accepted compensatory aim of contractual damages, ie to put the innocent party in the position as if the contract had not been breached and the defaulting party had performed their obligations. However, there are instances where the breach is such that the innocent party may seek equitable damages in addition to or in lieu of the equitable remedies of specific performance and injunctive relief (see Practice Note: The remedy of damages—general principles). Alternatively, the innocent
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.