Leeds Seminar – Calculation of damages in lieu of injunction

 

Introduction

  1. Since the decision of the Supreme Court in Coventry v Lawrence [2014] AC 822 early last year, and its disapproval of authorities such as Regan v Paul Properties DPF No 1 Ltd [2007] Ch 135 and Watson v Croft Promo-Sport Ltd [2009] EWCA Civ 15, increased attention should be given to the possibility of the Court making an award of damages in lieu of injunction.
  2. The jurisdiction to make such an award arises out of Section 50 of the Senior Courts Act 1981 (“the Act”), whose origins are to be found in the Chancery Amendment Act 1858. Section 50 states:

    “Where the Court of Appeal or the High Court has jurisdiction to entertain an application for an injunction or specific performance, it may award damages in addition to, or in substitution for, an injunction or specific performance.”

  3. A similar power is available in county court proceedings by virtue of Section 38(1) of the County Courts Act 1984

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