Q&As

Pursuant to a contract between A and B, B collects goods from A to deliver to C; A pays B. B then fails to deliver the goods to C and has also retained possession of other goods belonging to B. In these circumstances, what (if any) is the relationship between CPR 25, injunctive relief and orders for delivery up?

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Published on LexisPSL on 15/08/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Pursuant to a contract between A and B, B collects goods from A to deliver to C; A pays B. B then fails to deliver the goods to C and has also retained possession of other goods belonging to B. In these circumstances, what (if any) is the relationship between CPR 25, injunctive relief and orders for delivery up?
  • Damages and injunctive relief
  • Interim injunctions
  • Delivery up of goods

Pursuant to a contract between A and B, B collects goods from A to deliver to C; A pays B. B then fails to deliver the goods to C and has also retained possession of other goods belonging to B. In these circumstances, what (if any) is the relationship between CPR 25, injunctive relief and orders for delivery up?

Damages and injunctive relief

The damage for breach is assessed as at the date of the breach of the contract. The overriding aim of an award of damages arising from a breach of a contractual obligation is to put the innocent party 'so far as money can do it…in the same situation…as if the contract had been performed' (Robinson v Harman).

For further guidance, see Practice note: Contractual damages—general principles.

Equitable remedies such as specific performance and/or injunction may be awarded on a discretionary basis where damages will not be an adequate remedy.

Injunctive relief can either be:

  1. mandatory—requiring the defaulting party to take a certain step(s), or

  2. prohibitory—restraining the defaulting party from taking (further) step(s)

Injunctive relief is at the discretion of the court and can be granted on either an interim basis—effectively preserving the status quo until the underlying dispute between the parties can be resolved, or a final basis (perpetual), see CPR 25.1(1)(a). Interim injunctions act to regulate the position between the parties before trial. They are only

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