The Adequacy of Damages for the Claimant
The Adequacy of Damages for the Claimant.
The Claimant asserted a number of respects in which it said that it could be seen that damages would not be an adequate remedy if the claim were to succeed after the suspension had been lifted and Healix engaged to perform the Contract. For the reasons I will set out below I accept that the Claimant has shown that the potential difficulties in the calculation of damages mean that I cannot be satisfied that damages would be an adequate remedy for it in the circumstances of this case. I am not persuaded of the force of the other matters on which the Claimant relied and will explain my reasoning on those matters more shortly.
- Heading
- Introduction
- The Factual Background in Outline
- The Issues on the Pleadings
- The Procedural History
- The Approach to be taken
- The Adequacy of Damages for the Claimant
- Difficulties in the Calculation of Damages
- The Effect on the Claimant’s Prospects of obtaining other Contracts and on the Claimant’s Operation more generally
- The Effect of the Defendant’s pleaded Defence that the Breaches alleged are not sufficiently serious to warrant an Award of Damages
- The Adequacy of Damages for the Defendant
- The Claimant’s Cross-undertaking in Damages
- The Balance of Convenience
- Conclusions
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