Judicial remedies

Question 1

what are the requirements of specific implement

Answer 1

• highland and universal properties ltd v Safeway properties
• matter of right
• must be sufficiently precise
• will only ever be refused in exceptional circumstances which would mean that it is inconvenient or unjust to grant the remedy

Question 2

what is the authority for an interdict

Answer 2

Church commission for England v Abbey national

Question 3

what is the main test for liquidated damages

Answer 3

• Cavendish v Makdesi
• must not be a penalty which is assessed by:
• cannot be unconscionable of extravagant
• that is assessed proportionally with the pursuers interest
• penalty rule extended to cover other obligations

Question 4

what is the simple test for liquidated damages

Answer 4

• dunlop pneumatic tyre
• extravagant or unconscionable
• in comparison to greatest loss that could have been anticipated
• will not be enforceable if: it is for breach of obligation to pay and the penalty is further payment, the same penalty applies to different breaches of differing severity
• it won’t be a penalty just because it was impossible to detmermine loss