BATH AND NORTH EAST SOMERSET DISTRICT COUNCIL v MOWLEM PLC [2004] EWCA Civ 722
[2004] BLR 153
COURT OF APPEAL
Before Lord Justice Brooke, Lord Justice Mance and Mr Justice Park
JCT Contract Local Authorities With Quantities 1998 Edition - Clause 4 - Non-compliance with Architect’s Instructions - The employer retaining another contractor - Injunction sought by original contractor - Balance of convenience - Actual losses likely to be greater than liquidated damages - Taking account of unquantifiable and irrecoverable losses.