Specific Performance in UK Law

Leading Cases
  • Gunton v Richmond-upon-Thames London Borough Council
    • Court of Appeal (Civil Division)
    • 03 July 1980

    If the only real redress is damages, how can its measure or scope be affected according to whether the contract is regarded as still subsisting or as at an end? To preserve the bare contractual relationship is an empty formality. The difference is fundamental, for there is no legal substitute for voluntary performance.

  • Raineri v Miles
    • Court of Appeal (Civil Division)
    • 06 July 1979

    At common law a term of a contract stipulating when the contract should be performed was always regarded as an essential term of the contract, but, as Lord Parker pointed out in Stickney v. Keeble, (1915) Appeal Cases, 586 at 415, in contracts for the sale of land equity, having a concurrent jurisdiction, did not look upon the stipulation as to time in precisely the same light.

  • Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd
    • House of Lords
    • 21 May 1997

    But the purpose of the law of contract is not to punish wrongdoing but to satisfy the expectations of the party entitled to performance. From a wider perspective, it cannot be in the public interest for the courts to require someone to carry on business at a loss if there is any plausible alternative by which the other party can be given compensation. It is not only a waste of resources but yokes the parties together in a continuing hostile relationship.

  • Hill v C. A. Parsons & Company Ltd
    • Court of Appeal (Civil Division)
    • 10 November 1971

    Suppose, however, that the master insists on the employment terminating on the named day? In the ordinary course of things, the relationship of master and servant thereupon comes to an end: for it is inconsistent with the confidential nature of the relationship that it should continue contrary to the will of one of the parties thereto As Lord Kilmuir said in Vine v. National Dock Labour Board (1957) A. C., referring at page 500 to the ordinary master and servant case:

  • President of India v La Pintada Compania Navigacion S.A. (La Pintada)
    • House of Lords
    • 24 May 1984

    Chancery courts had further regularly awarded interest, including not only simple interest but also compound interest, when they thought that justice so demanded, that is to say in cases where money had been obtained and retained by fraud, or where it had been withheld or misapplied by a trustee or anyone else in a fiduciary position.

  • Attorney-General v Blake (pet. all.)
    • House of Lords
    • 27 July 2000

    The law recognises that damages are not always a sufficient remedy for breach of contract. Even when awarding damages, the law does not adhere slavishly to the concept of compensation for financially measurable loss. When the circumstances require, damages are measured by reference to the benefit obtained by the wrongdoer. Further, in certain circumstances an account of profits is ordered in preference to an award of damages.

  • Hong Kong Fir Shipping Company Ltd v Kawasaki Kisen Kaisha Ltd
    • Court of Appeal
    • 20 December 1961

    This test is applicable whether or not the event occurs as a result of the default of one of the parties to the contract, but the consequences of the event are different in the two cases.

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Legislation
  • Chancery Amendment Act 1858
    • UK Non-devolved
    • January 01, 1858
    ...... the Commission or Continuance of any wrongful Act, or for the specific Performance of any Covenant, Contract, or Agreement, it shall be lawful ......
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • January 01, 2015
    ...... (a) they are established for the specific purpose of meeting needs in the general interest, not having an industrial ... Technical Assessment” means the documented assessment of the performance of a construction product, in relation to its essential characteristics, ......
  • Data Protection Act 2018
    • UK Non-devolved
    • January 01, 2018
    ...... (b) (b) one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or ... (e) to processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of the ......
  • Contracts (Rights of Third Parties) Act 1999
    • UK Non-devolved
    • January 01, 1999
    ......relating to damages, injunctions, specific performance and other. relief shall apply accordingly). (6) Where a ......
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Chapter ESM10011A
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... can apply to the courts for an injunction (or an order for specific performance in Scotland), requiring the client to provide the information ......
  • Chapter EIM40009
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......(which regarded conditionality as the determinant factor over any specific performance period) they will not seek to challenge the Returns on that ......
  • Chapter EIM21868
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... a call centre and gives £25 gift vouchers to employees who hit specific performance targets each week. The gift vouchers are provided in ......
  • Chapter BIM54010
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... performance, and. specific expenses. Doctors and dentists primarily receive a base ......
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