Megarry J considered why a court should be reluctant to create an obligation to continue a business where a court might be asked to judge compliance:: ‘difficulties of constant superintendence’ were a ‘narrow consideration’ because ‘there is normally no question of the court having to send its officers to supervise the performance of the order . . . . Performance . . . is normally secured by the realisation of the person enjoined that he is liable to be punished for contempt if evidence of his disobedience to the order is put before the court; . . .’
Judges:
Megarry J
Citations:
[1972] 1 WLR 307
Jurisdiction:
England and Wales
Cited by:
Cited – Co-Operative Insurance Society Ltd v Argyll Stores HL 21-May-1997
The tenants of a unit on a large shopping centre found the business losing money, and closed it in contravention of a ‘keep open’ clause in the lease. They now appealed from a mandatory injunction requiring them to keep the store open.
Held: . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 17 May 2022; Ref: scu.247892
